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)
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2004–2022 · leading case:
Castle v. Simmons, 86 P.3d 1042 (Nev. 2004).
Castle v. Simmons, 86 P.3d 1042 (Nev. 2004).
“230(1), which creates a rebuttable presumption that a person who has engaged in one or more acts of domestic violence should not be given custody of a child: *102 Except as otherwise provided in NRS 125C.210 and 125C.220, a determination by the court after an evidentiary hearing…”
Phillips v. Phillips (Child Custody) (Nev. 2022).
· cites it 3× “0035(5) provides: Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has engaged in one or more acts…”
Phillips v. Phillips (Nev. 2022).
· cites it 3× “0035(5) provides: Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has engaged in one or more acts…”
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