1. On the motion of a deploying parent and in accordance with the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if it is in the best interest of the child.
2. In determining whether to grant caretaking authority of a child to a nonparent pursuant to subsection 1, the court shall consider the following factors:
(a) The love, affection and other emotional ties existing between the nonparent and the child.
(b) The capacity and disposition of the nonparent to:
(1) Give the child love, affection and guidance and serve as a role model to the child;
(2) Provide the child with food, clothing and other material needs; and
(3) Provide the child with health care or alternative health care which is recognized and authorized pursuant to the laws of this State.
(c) The prior relationship between the nonparent and the child, including, without limitation, whether the child has previously resided with the nonparent and whether the child was previously included in holidays or family gatherings with the nonparent.
(d) The moral fitness of the nonparent.
(e) The mental and physical health of the nonparent.
(f) The reasonable preference of the child if the child has a preference and if the court determines that the child is of sufficient maturity to express a preference.
(g) The willingness and ability of the nonparent to facilitate and encourage a close and substantial relationship between the child and his or her deploying parent, other parent and family members.
(h) The medical and other health needs of the child which are affected by the grant of caretaking authority.
(i) The support provided by the nonparent, including, without limitation, whether the nonparent has contributed to the financial support of the child.
(j) Any objection by the other parent to the grant of caretaking authority to a nonparent. In the case of an objection by the other parent, there is a rebuttable presumption that the grant of caretaking authority to a nonparent is not in the best interest of the child. To rebut this presumption, the deploying parent must prove by clear and convincing evidence that the grant of caretaking authority to the nonparent is in the best interest of the child.
3. Unless the grant of caretaking authority to a nonparent under subsection 1 is agreed to by the other parent, the grant is limited to an amount of time not greater than:
(a) The time granted to the deploying parent in an existing permanent custody order, except that the court may add unusual travel time necessary to transport the child; or
(b) In the absence of an existing permanent custody order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, except that the court may add unusual travel time necessary to transport the child.
4. A court may grant part of the deploying parent’s decision-making authority for a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if the deploying parent is unable to exercise that authority. When a court grants the authority to a nonparent, the court shall specify the decision-making powers that will and will not be granted, including applicable health, educational and religious decisions.
(Added to NRS by 2013, 767)
Structure Nevada Revised Statutes
Chapter 125C - Custody and Visitation
NRS 125C.0015 - Parents have joint custody until otherwise ordered by court.
NRS 125C.002 - Joint legal custody.
NRS 125C.0025 - Joint physical custody.
NRS 125C.004 - Award of custody to person other than parent.
NRS 125C.005 - Plan for carrying out court’s order; access to child’s records.
NRS 125C.007 - Petition for permission to relocate; factors to be weighed by court.
NRS 125C.0075 - Unlawful relocation with child; attorney’s fees and costs.
NRS 125C.040 - Imprisonment for contempt: Violation of condition; failure to return when required.
NRS 125C.050 - Petition for right of visitation for certain relatives and other persons.
NRS 125C.0605 - "Adult" defined.
NRS 125C.0607 - "Caretaking authority" defined.
NRS 125C.0609 - "Child" defined.
NRS 125C.0610 - "Civilian employee" defined.
NRS 125C.0611 - "Close and substantial relationship" defined.
NRS 125C.0613 - "Court" defined.
NRS 125C.0615 - "Custodial responsibility" defined.
NRS 125C.0617 - "Decision-making authority" defined.
NRS 125C.0619 - "Deploying parent" defined.
NRS 125C.0621 - "Deployment" defined.
NRS 125C.0623 - "Family member" defined.
NRS 125C.0625 - "Limited contact" defined.
NRS 125C.0627 - "Nonparent" defined.
NRS 125C.0629 - "Other parent" defined.
NRS 125C.0631 - "Record" defined.
NRS 125C.0633 - "Return from deployment" defined.
NRS 125C.0635 - "Service member" defined.
NRS 125C.0637 - "State" defined.
NRS 125C.0639 - "Uniformed service" defined.
NRS 125C.0643 - Notice required of deploying parent.
NRS 125C.0645 - Duty to notify of change of address.
NRS 125C.0647 - General considerations in custody proceeding of parent’s military service.
NRS 125C.0649 - Form of agreement.
NRS 125C.0651 - Nature of authority created by agreement.
NRS 125C.0653 - Modification of agreement.
NRS 125C.0655 - Power of attorney.
NRS 125C.0657 - Filing agreement or power of attorney with court.
NRS 125C.0659 - Proceeding for temporary custody order.
NRS 125C.0661 - Expedited hearing.
NRS 125C.0663 - Testimony by electronic means.
NRS 125C.0665 - Effect of prior judicial decree or agreement.
NRS 125C.0667 - Grant of caretaking or decision-making authority to nonparent.
NRS 125C.0669 - Grant of limited contact.
NRS 125C.0671 - Nature of authority created by order.
NRS 125C.0673 - Content of temporary custody order.
NRS 125C.0675 - Order for child support.
NRS 125C.0677 - Modifying or terminating grant of custodial responsibility to nonparent.
NRS 125C.0681 - Consent procedure.
NRS 125C.0683 - Visitation before termination of temporary grant of custodial responsibility.
NRS 125C.0689 - Costs and attorney’s fees.
NRS 125C.0691 - Uniformity of application and construction.
NRS 125C.0693 - Relation to Electronic Signatures in Global and National Commerce Act.