A few times a year, with the release of published Nevada Supreme Court decisions in the area of family law, we are able to provide our clients and the public important information on how the law has recently changed. This year, because several legislative bills on family law passed and were signed by the governor, we are able to bring you information on some of the important changes to the law that will go into effect a few months from now.
One law that will have a significant impact on families beginning October 1st is Assembly Bill (AB) 263. Some of the changes coming under AB 263 that lawyers and parents should be aware of are:
Presumption of Joint Physical Custody: Nevada will now have a presumption of joint physical custody to a parent who “has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with the minor child.”
Relocations Now Include Some In-State Moves: The law has been changed so that in addition to out-of-state moves, any in-state relocation that will “substantially impair the ability of the other parent to maintain a meaningful relationship with the child” will require the relocating parent to obtain written permission from the non-relocating parent, and if consent not given, to petition the court for permission to relocate.
Overall Restructuring of the NRS: Lawyers and parents citing to the statutes in their cases should be aware that many of the most frequently cited statutes in family law will no longer be citable come October. NRS 125.460, 125.465, 125.470, 125.480, 125.490, 125.500, 125.510, 125.520 and 126.031 will all be repealed. Most of these sections will be inserted, many with revisions, to NRS Chapter 125C. This will have the effect of moving these statutes from NRS Chapter 125, titled “Dissolution of Marriage” to NRS Chapter 125C, titled “Custody and Visitation.” This will further support the Nevada Legislature’s apparent intent to make the custody laws in Nevada equally applicable to all parents, regardless of marital status.