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2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0665 - Effect of prior judicial decree or agreement.

In a proceeding for a grant of custodial responsibility pursuant to NRS 125C.0659 to 125C.0677, inclusive, the following rules apply:
1. A prior judicial order designating custodial responsibility of a child in the event of deployment is binding on the court unless the circumstances meet the requirements of the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, for modifying a judicial order regarding custodial responsibility.
2. The court shall enforce a prior written agreement between the parents for designating custodial responsibility of a child in the event of deployment, including a prior written agreement executed under NRS 125C.0649 to 125C.0657, inclusive, unless the court finds the agreement contrary to the best interest of the child.
(Added to NRS by 2013, 767)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0669 - Grant of limited contact.

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 shall grant limited contact with a child to a nonparent who is either a family member of the child or a person with whom the child has a close and substantial relationship, unless the court finds that the contact would be contrary to the best interest of the child.
(Added to NRS by 2013, 768)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0671 - Nature of authority created by order.

1. A grant made pursuant to NRS 125C.0659 to 125C.0677, inclusive, is temporary and terminates pursuant to NRS 125C.0679 to 125C.0685, inclusive, following the return from deployment of the deployed parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in a person to whom it is granted.
2. A nonparent granted caretaking authority, decision-making authority or limited contact under NRS 125C.0659 to 125C.0677, inclusive, has standing to enforce the grant until it is terminated under NRS 125C.0679 to 125C.0685, inclusive, or by court order.
(Added to NRS by 2013, 768)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0673 - Content of temporary custody order.

1. An order granting custodial responsibility under NRS 125C.0659 to 125C.0677, inclusive, must:
(a) Designate the order as temporary; and
(b) Identify to the extent feasible the destination, duration and conditions of the deployment.
2. If applicable, a temporary order for custodial responsibility must:
(a) Specify the allocation of caretaking authority, decision-making authority or limited contact among the deploying parent, the other parent and any nonparent;
(b) If the order divides caretaking or decision-making authority between persons, or grants caretaking authority to one person and limited contact to another, provide a process to resolve any significant dispute that may arise;
(c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or is otherwise available, unless contrary to the best interest of the child;
(e) Provide for reasonable contact between the deploying parent and the child following return from deployment until the temporary order is terminated, which may include more time than the deploying parent spent with the child before entry of the temporary order; and
(f) Provide that the order will terminate following return from deployment according to the procedures under NRS 125C.0679 to 125C.0685, inclusive.
(Added to NRS by 2013, 769)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0675 - Order for child support.

If a court has issued an order granting caretaking authority under NRS 125C.0659 to 125C.0677, inclusive, or an agreement granting caretaking authority has been executed under NRS 125C.0649 to 125C.0657, inclusive, the court may enter a temporary order for child support consistent with the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, if the court has jurisdiction under NRS 130.0902 to 130.802, inclusive.
(Added to NRS by 2013, 769)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0677 - Modifying or terminating grant of custodial responsibility to nonparent.

1. Except for an order in accordance with NRS 125C.0665 or as otherwise provided in subsection 2, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appx. §§ 521-522, on the motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision-making authority or limited contact made pursuant to NRS 125C.0601 to 125C.0693, inclusive, if the modification or termination is consistent with NRS 125C.0659 to 125C.0677, inclusive, and the court finds it is in the best interest of the child. Any modification must be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures under NRS 125C.0679 to 125C.0685, inclusive, unless the grant has been terminated before that time by court order.
2. On the motion of a deploying parent, the court shall terminate a grant of limited contact.
(Added to NRS by 2013, 769)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0679 - Procedure for terminating temporary grant of custodial responsibility established by agreement.

1. At any time following return from deployment, a temporary agreement granting custodial responsibility under NRS 125C.0649 to 125C.0657, inclusive, may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
2. The temporary agreement granting custodial responsibility terminates:
(a) If the agreement to terminate specifies a date for termination, on that date; or
(b) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents.
3. In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates 60 days after the date of the deploying parent’s giving notice to the other parent of having returned from deployment.
4. If the temporary agreement granting custodial responsibility was filed with a court pursuant to NRS 125C.0657, an agreement to terminate the temporary agreement must also be filed with that court within a reasonable period of time after the signing of the agreement. The case number and heading of the existing custodial responsibility or child support case must be provided to the court with the agreement to terminate.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0681 - Consent procedure.

At any time following return from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under NRS 125C.0659 to 125C.0677, inclusive. After an agreement has been filed, the court shall issue an order terminating the temporary order on the date specified in the agreement. If no date is specified, the court shall issue the order immediately.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0683 - Visitation before termination of temporary grant of custodial responsibility.

Following return from deployment of a deploying parent until a temporary agreement or order for custodial responsibility established under NRS 125C.0649 to 125C.0677, inclusive, is terminated, the court shall enter a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time exceeds the time the deploying parent spent with the child before deployment.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0685 - Termination by operation of law of temporary grant of custodial responsibility established by court order.

1. A temporary order for custodial responsibility issued under NRS 125C.0659 to 125C.0677, inclusive, shall terminate, if no agreement between the parties to terminate a temporary order for custodial responsibility has been filed, 60 days after the date of the deploying parent’s giving notice of having returned from deployment to the other parent and any nonparent granted custodial responsibility.
2. Any proceedings seeking to prevent termination of a temporary order for custodial responsibility are governed by the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0687 - Court may hold expedited hearing upon motion alleging immediate danger of irreparable harm.

The court may, upon a motion alleging immediate danger of irreparable harm to the child, hold an expedited hearing concerning custody or visitation following the deploying parent’s return from deployment.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0689 - Costs and attorney’s fees.

In addition to other relief provided by the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, if a court finds that a party to a proceeding under NRS 125C.0601 to 125C.0693, inclusive, has acted in bad faith or intentionally failed to comply with NRS 125C.0601 to 125C.0693, inclusive, or a court order issued under NRS 125C.0601 to 125C.0693, inclusive, the court may assess reasonable attorney’s fees and costs of the opposing party and order other appropriate relief.
(Added to NRS by 2013, 770)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0693 - Relation to Electronic Signatures in Global and National Commerce Act.

This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
(Added to NRS by 2013, 771)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.210 - Child conceived as result of sexual assault: Rights of natural father convicted of sexual assault; rights when father is spouse of victim; rebuttable presumption upon divorce.

1. Except as otherwise provided in subsection 2, if a child is conceived as the result of a sexual assault and the person convicted of the sexual assault is the natural father of the child, the person has no right to custody of or visitation with the child unless the natural mother or legal guardian consents thereto and it is in the best interest of the child.
2. The provisions of subsection 1 do not apply if the person convicted of the sexual assault is the spouse of the victim at the time of the sexual assault. If the persons later divorce, the conviction of sexual assault creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the sexual assault is not in the best interest of the child. The court shall set forth findings that any custody or visitation arrangement ordered by the court adequately protects the child and the victim of the sexual assault.
(Added to NRS by 1993, 105; A 1995, 331)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.215 - Denial of custody or visitation on basis of disability or possession of registry identification card prohibited.

1. A court shall not deny custody or visitation rights to a person solely because the person:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
2. As used in this section:
(a) "Blind" has the meaning ascribed to it in NRS 426.082.
(b) "Holder of a valid registry identification card" means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the medical use of cannabis; or
(2) A designated primary caregiver as defined in NRS 678C.040.
(Added to NRS by 2019, 2756)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.220 - Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.

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.
(Added to NRS by 1999, 742; A 1999, 2975)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.230 - Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.

1. Except as otherwise provided in NRS 125C.210 and 125C.220, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:
(a) All prior acts of domestic violence involving any of the parties;
(b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the parties acted in self-defense; and
(e) Any other factors that the court deems relevant to the determination.
In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.
3. As used in this section, "domestic violence" means the commission of any act described in NRS 33.018.
(Added to NRS by 1999, 742)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.240 - Presumption concerning custody when court determines that parent or other person seeking custody of child has committed act of abduction against child or any other child.

1. A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support the determination that one or more acts of abduction occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.
2. For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:
(a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;
(b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or
(c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
3. If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.
4. As used in this section, "abduction" means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.
(Added to NRS by 2009, 225)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.250 - Attorney’s fees and costs.

Except as otherwise provided in NRS 125C.0689, in an action to determine legal custody, physical custody or visitation with respect to a child, the court may order reasonable fees of counsel and experts and other costs of the proceeding to be paid in proportions and at times determined by the court.
(Added to NRS by 2013, 2956)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.050 - "Child custody determination" defined.

"Child custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.
(Added to NRS by 2007, 232)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.060 - "Child custody proceeding" defined.

"Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence.
(Added to NRS by 2007, 232)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.100 - "State" defined.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(Added to NRS by 2007, 232)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.150 - Orders and petitions.

1. A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
2. A party to a child custody determination or another individual or entity having a right pursuant to the law of this State or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the provisions of this chapter.
3. A district attorney or the Attorney General acting pursuant to NRS 125A.565 may seek a warrant to take physical custody of a child pursuant to NRS 125D.200 or other appropriate abduction prevention measures.
(Added to NRS by 2007, 233)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.160 - Jurisdiction.

1. A petition pursuant to the provisions of this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the provisions of chapter 125A of NRS.
2. A court of this State has temporary emergency jurisdiction pursuant to NRS 125A.335 if the court finds a credible risk of abduction.
(Added to NRS by 2007, 233)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.170 - Contents of petition for abduction prevention order.

A petition pursuant to the provisions of this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in NRS 125D.180. Subject to subsection 5 of NRS 125A.385, if reasonably ascertainable, the petition must contain:
1. The name, date of birth and gender of the child;
2. The customary address and current physical location of the child;
3. The identity, customary address and current physical location of the respondent;
4. A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location and disposition of the action;
5. A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location and disposition of the case; and
6. Any other information required to be submitted to the court for a child custody determination pursuant to NRS 125A.385.
(Added to NRS by 2007, 233)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.200 - Ex parte warrant to take physical custody of child; remedies not exclusive.

1. If a petition pursuant to the provisions of this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
2. The respondent on a petition pursuant to subsection 1 must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
3. An ex parte warrant pursuant to subsection 1 to take physical custody of a child must:
(a) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(b) Direct law enforcement officers to take physical custody of the child immediately;
(c) State the date and time for the hearing on the petition; and
(d) Provide for the safe interim placement of the child pending further order of the court.
4. If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
5. The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
6. A warrant to take physical custody of a child, issued by this State or another state, is enforceable throughout this State. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
7. If the court finds, after a hearing, that a petitioner sought an ex parte warrant pursuant to subsection 1 for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney’s fees, costs and expenses.
8. This chapter does not affect the availability of relief allowed pursuant to the law of this State other than this chapter.
(Added to NRS by 2007, 237)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.210 - Duration of abduction prevention order.

An abduction prevention order remains in effect until the earliest of:
1. The time stated in the order;
2. The emancipation of the child;
3. The child’s attaining 18 years of age; or
4. The time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to NRS 125A.305, 125A.315 and 125A.325.
(Added to NRS by 2007, 238)
2023 Nevada Revised Statutes › Chapter 125D - Uniform Child Abduction Prevention Act › NRS 125D.230 - Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 238)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.010 - Definitions.

As used in NRS 125E.010 to 125E.370, inclusive, the words and terms defined in NRS 125E.020 to 125E.160, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 2233)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.060 - Extended family member" defined.

"Extended family member" has the meaning given that term by the law or custom of an Indian child’s tribe or, if that meaning cannot be determined, means a person who has attained 18 years of age and who is the Indian child’s grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or another person determined by the Indian child’s tribe, clan or band member.
(Added to NRS by 2023, 2233)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.070 - Indian" defined.

"Indian" means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1606.
(Added to NRS by 2023, 2233)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.080 - Indian child" defined.

"Indian child" means any unmarried person who has not attained 18 years of age and is:
1. A member or citizen of an Indian tribe; or
2. Eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe.
(Added to NRS by 2023, 2233)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.090 - Indian custodian" defined.

"Indian custodian" means an Indian, other than the Indian child’s parent, who has custody, as described in subsection 1 of NRS 125E.180, of the Indian child, or to whom temporary physical care, custody and control has been transferred by the Indian child’s parent.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.100 - Indian tribe" or "tribe" defined.

"Indian tribe" or "tribe" means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. § 1602(c).
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.130 - Parent" defined.

"Parent" means:
1. A biological parent of an Indian child;
2. An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or
3. A person who has established a parent and child relationship with an Indian child pursuant to the laws of this State.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.150 - Reservation" defined.

"Reservation" means Indian country as defined in 18 U.S.C. § 1151 and any lands not covered under that section, the title to which is held by the United States in trust for the benefit of an Indian tribe or person or held by an Indian tribe or person subject to a restriction by the United States against alienation.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.160 - Tribal court" defined.

"Tribal court" means a court with jurisdiction over child custody proceedings involving an Indian child that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings involving an Indian child.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.170 - Legislative findings and declaration.

1. The Legislature hereby finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of this State to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child’s extended family and tribal community.
2. This State recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children and also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child’s home and, if removal is necessary and lawful, to effect the child’s safe return home.
3. NRS 125E.010 to 125E.370, inclusive, create additional safeguards for Indian children to address disproportionate rates of removal, to improve the treatment of and services provided to Indian children and Indian families in the child welfare system and to ensure that Indian children who must be removed are placed with Indian families, communities and cultures.
(Added to NRS by 2023, 2233)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.180 - When person has custody of Indian child.

1. A person has custody of an Indian child under NRS 125E.010 to 125E.370, inclusive, if the person has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law.
2. An Indian child’s parent has continued custody of the Indian child if the parent currently has, or previously had, custody of the Indian child.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.190 - Domicile of Indian child and other persons.

For purposes of NRS 125E.010 to 125E.370, inclusive:
1. A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return.
2. An Indian child’s domicile is, in order of priority, the domicile of:
(a) The Indian child’s parents or, if the Indian child’s parents do not have the same domicile, the Indian child’s parent who has physical custody of the Indian child;
(b) The Indian child’s Indian custodian; or
(c) The Indian child’s guardian.
(Added to NRS by 2023, 2235)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.200 - Determination of whether there is reason to know child is Indian child.

Notwithstanding any other provision of law and in addition to any other requirements, in any child custody proceeding:
1. Each petitioner and every other person otherwise required by the court or by any applicable law shall:
(a) Determine whether there is reason to know that the child is an Indian child; and
(b) Demonstrate to the court that he or she made efforts to determine whether a child is an Indian child.
2. The court shall:
(a) Make a finding regarding whether there is reason to know that the child is an Indian child, unless the court has previously found that the child is an Indian child; and
(b) Not enter a custody order in the matter until all applicable inquiry and notice requirements set forth in NRS 125E.010 to 125E.370, inclusive, have been met.
(Added to NRS by 2023, 2238)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.230 - Court to consider certain factors when making determination regarding best interests of Indian child.

In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child in accordance with NRS 125E.010 to 125E.370, inclusive, chapter 432B of NRS, the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., or any applicable regulations or rules regarding NRS 125E.010 to 125E.370, inclusive, chapter 432B of NRS or the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following:
1. The protection of the safety, well-being, development and stability of the Indian child;
2. The prevention of unnecessary out-of-home placement of the Indian child;
3. The prioritization of placement of the Indian child in accordance with the placement preferences under NRS 125E.350;
4. The value to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child’s tribe and tribal community; and
5. The importance to the Indian child of the Indian tribe’s ability to maintain the tribe’s existence and integrity in promotion of the stability and security of Indian children and families.
(Added to NRS by 2023, 2234)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.240 - Determination of Indian child’s tribe; participation of more than one tribe in child custody proceeding.

1. In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court, the Indian child’s tribe is:
(a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership.
(b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tribe of which the Indian child is a member.
(c) If the Indian child is a member of more than one tribe or if the Indian child is not a member of any tribe but is eligible for membership with more than one tribe:
(1) The tribe designated by agreement between the tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or
(2) If the tribes are unable to agree on the designation of the Indian child’s tribe, the tribe designated by the court.
2. When designating an Indian child’s tribe under subparagraph (2) of paragraph (c) of subsection 1, the court shall, after a hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration the following:
(a) The preference of the Indian child’s parent;
(b) The duration of the Indian child’s current or prior domicile or residence on or near the reservation of each tribe;
(c) The tribal membership of the Indian child’s custodial parent or Indian custodian;
(d) The interests asserted by each tribe;
(e) Whether a tribe has previously adjudicated a case involving the Indian child; and
(f) If the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify, the self-identification of the Indian child.
3. If an Indian child is a member of or is eligible for membership in more than one tribe, the court may, in its discretion, permit a tribe, in addition to the Indian child’s tribe, to participate in a child custody proceeding involving the Indian child in an advisory capacity or as a party.
(Added to NRS by 2023, 2235)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.250 - Determination of Indian child’s residence and domicile and whether Indian child is ward of tribal court.

In any child custody proceeding involving an Indian child that is based on allegations that the Indian child is within the jurisdiction of the court, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal court. The court shall communicate with any tribal courts to the extent necessary to make a determination under this section.
(Added to NRS by 2023, 2236)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.260 - Appropriate agency to assist with enrolling eligible Indian child in tribe; right of Indian child’s parents to object; provision of notice.

1. Unless an Indian child’s parent objects, the appropriate agency shall provide assistance with enrolling an Indian child within the jurisdiction of the court in a tribe with which the child is eligible for enrollment.
2. In any child custody proceeding involving an Indian child, if the appropriate agency reasonably believes that the Indian child is eligible for enrollment in a tribe, the agency shall notify the Indian child’s parents of their right to object to the agency’s assistance under subsection 1. The provision of notice pursuant to this subsection is deemed to be satisfied by sending the notice to the last known mailing address of each of the Indian child’s parents.
(Added to NRS by 2023, 2235)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.270 - Court’s jurisdiction concurrent with Indian child’s tribe; exceptions.

1. Except as otherwise provided in this section, the court’s jurisdiction in a child custody proceeding involving an Indian child is concurrent with the Indian child’s tribe.
2. The tribe has exclusive jurisdiction in a child custody proceeding involving an Indian child if:
(a) The Indian child is a ward of a tribal court of the tribe; or
(b) The Indian child resides or is domiciled within the reservation of the tribe.
3. Communications between the court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications.
4. Notwithstanding the provisions of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is placed in protective custody pursuant to chapter 432B of NRS.
5. As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2023, 2236)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.280 - Transfer of child custody proceeding to tribal court.

1. Except as otherwise provided in subsection 4, the court shall transfer a child custody proceeding involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or tribe petitions the court to transfer the proceeding to the tribal court.
2. Upon receipt of a transfer motion, the court shall contact the Indian child’s tribe and request a timely response regarding whether the tribe intends to decline the transfer.
3. If a party objects to the transfer motion for good cause, the court shall fix the time for hearing on objections to the motion. At the hearing, the objecting party has the burden of proof of establishing by clear and convincing evidence that good cause exists to deny the transfer. If the Indian child’s tribe contests the assertion that good cause exists to deny the transfer, the court shall give the tribe’s argument substantial weight. When making a determination whether good cause exists to deny the transfer motion, the court may not consider:
(a) Whether the proceeding is at an advanced stage;
(b) Whether there has been a prior proceeding involving the Indian child in which a transfer motion was not filed;
(c) Whether the transfer could affect the placement of the Indian child;
(d) The cultural connections of the Indian child with the tribe or the tribe’s reservation; or
(e) The socioeconomic conditions of the Indian child’s tribe or any negative perception of tribal or United States Bureau of Indian Affairs’ social services or judicial systems.
4. The court shall deny the transfer motion if:
(a) The tribe declines the transfer orally on the record or in writing;
(b) The Indian child’s parent objects to the transfer; or
(c) The court finds by clear and convincing evidence, after hearing, that good cause exists to deny the transfer.
5. Notwithstanding paragraph (b) of subsection 4, the objection of the Indian child’s parent does not preclude the transfer if:
(a) The objecting parent dies or the objecting parent’s parental rights are terminated and have not been restored; and
(b) The Indian child’s remaining parent, Indian custodian or tribe files a new transfer motion subsequent to the death of the objecting parent or the termination of the parental rights of the objecting parent.
6. If the court denies a transfer under this section, the court shall document the basis for the denial in a written order.
(Added to NRS by 2023, 2237)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.290 - Duties of court after grant of transfer of child custody proceeding to tribal court.

Upon granting a transfer motion under NRS 125E.280, the court shall expeditiously:
1. Notify the tribal court of the pending dismissal of the child custody proceeding;
2. Transfer all information regarding the proceeding, including, without limitation, pleadings and court records, to the tribal court;
3. Direct the appropriate agency to:
(a) Coordinate with the tribal court and the Indian child’s tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child’s family; and
(b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data; and
4. Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information.
(Added to NRS by 2023, 2238)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.300 - Active efforts.

1. If a child in a child custody proceeding is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family.
2. Active efforts require a higher standard of conduct than reasonable efforts.
3. Active efforts must:
(a) Be documented in detail in writing and on the record;
(b) Include assisting the Indian child’s parent or parents or Indian custodian through the steps of a case plan;
(c) Include, to the extent possible, providing assistance with the cooperation of the Indian child’s tribe;
(d) Be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians and tribe; and
(e) Be tailored to the facts and circumstances of the case.
4. As used in this section, "active efforts" means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child’s family.
(Added to NRS by 2023, 2242)
2023 Nevada Revised Statutes › Chapter 125E - Custody of Indian Children › NRS 125E.310 - Representation of parties.

1. Notwithstanding the provisions of NRS 7.285, a tribe that is a party to a child custody proceeding involving an Indian child may be represented by any person, regardless of whether the person is licensed to practice law.
2. An attorney who is not barred from practicing law in this State may appear in any proceeding involving an Indian child without associating with local counsel if the attorney establishes to the satisfaction of the State Bar of Nevada that:
(a) The attorney will appear in a court in this State for the limited purpose of participating in a proceeding under chapter 432B of NRS subject to the provisions of NRS 125E.010 to 125E.370, inclusive;
(b) The attorney represents an Indian child’s parent, Indian custodian or tribe; and
(c) The Indian child’s tribe has affirmed the Indian child’s membership or eligibility for membership under tribal law.
3. An Indian custodian or tribe may notify the court, orally on the record or in writing, that the Indian custodian or tribe withdraws as a party to the proceeding.
(Added to NRS by 2023, 2242)