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Current as of January 01, 2025 | Updated by Findlaw Staff
1. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) There is no other suitable guardian for the child;
(2) The convicted parent is a suitable guardian for the child; and
(3) The health, safety and welfare of the child are not at risk; or
(b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.
2. The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) The health, safety and welfare of the child are not at risk; and
(2) It will be beneficial for the child to have visitations with the convicted parent; or
(b) The child is of suitable age to signify his or her assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.
3. Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 38. Public Welfare § 432B.153. Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-38-public-welfare/nv-rev-st-432b-153/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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