NRS125C.0667. Grant of caretaking or decision-making authority to nonparent. [Effective January 1, 2014.]

      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, effective January 1, 2014)