| From the HSLDA E-lert Service: |
< BACK TO ARCHIVE |
| Date: From: Subject: | 3/18/2013 12:10:34 PM Mike Smith--HSLDA Nevada--Strong Testimony in Opposition to Grandparent Visitation Bill |
|
====================================================================== From the HSLDA E-lert Service... ====================================================================== Nevada--Strong Testimony in Opposition to Grandparent Visitation Bill Joint Legislative Elert with Nevada Homeschool Network (NHN) Sponsors: Assemblymen/Assemblywomen Livermore, Ellison, Hickey, Hambrick, Aizley, Diaz, Duncan, Fiore, Grady, Hansen, Hardy, Kirner, Martin, Munford, Neal, Oscarson, Spiegel, Stewart, Swank, Wheeler, Woodbury Status: Awaiting vote by Assembly Judiciary Committee Strong testimony in opposition to AB 203 was presented by, among others, Barbara Dragon and Elissa Wahl of NHN. Some of the committee members responded favorably to our position. The next action will be when the committee convenes a workshop for discussion and vote. Your calls and emails make a difference. Thank you so much for your faithfulness. Summary: HSLDA is partnering with Nevada Homeschool Network and ParentalRights.Org to oppose Nevada Assembly Bill 203 (AB 203) http://www.hslda.org/elink.asp?id=17629 which would modify state law to permit grandparents or great-grandparents to sue for visitation of a child against the parents' wishes. This bill will cause intact families, including perfectly fit parents, to face potential court challenges to their parenting decisions whenever they limit or restrict their child's visitation from grandparents or great-grandparents. Under current law these relatives can only have visitation when the parents consent, or when the marriage is no longer intact. Grandparents are normally well intended when they seek visitation; however, we have defended member families where the grandparents are seeking visitation after they have been denied because of their interference with parents' choice to homeschool. We believe that where homeschooling families are intact, they should not have to defend their decisions regarding who will have access to their children. The bill as proposed would force parents to defend their parental rights if they simply deny visitation to a grandparent. HSLDA's Position: Oppose. Action Requested: If you have not called on this bill, please call the Assembly Judiciary Committee members listed below and urge them to vote no on AB 203. If one is your representative, be sure to mention that when you call. You do not need to identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. Give them one or more of the following talking points in your own words: 1. Please oppose AB 203. It is unconstitutional based on the U.S. Supreme Court's ruling in Troxel v. Granville, 539 U.S. 57 (2000). Nothing has changed since that ruling overturned a Washington state law like this proposed bill. Intact families have a fundamental right to deny visitation with grandparents, and any law to the contrary would likely be struck down by the Nevada Supreme Court. Current law already correctly interprets this Supreme Court case. 2. AB 203 would create a financial burden on intact families having to defend their private family decisions regarding who has contact with their children. Some families simply could not afford to defend themselves, some bad decisions can be handed down, and children will be harmed as a result. 3. AB 203 would significantly increase the caseload burden on an already overburdened district court, increasing costs and delays. Many more cases could also be appealed to the Supreme Court. Assembly Judiciary Committee Members: Jason Frierson - Chair 702-280-2981 Jason.Frierson@asm.state.nv.us Richard Carrillo 702-273-8786 Richard.Carrillo@asm.state.nv.us Olivia Diaz 702-501-8994 Olivia.Diaz@asm.state.nv.us Andrew Martin 702-724-8349 Andrew.Martin@asm.state.nv.us Wesley Duncan 702-767-3733 Wesley.Duncan@asm.state.nv.us Ira Hansen 775-221-2502 Ira.Hansen@asm.state.nv.us James Ohrenschall - Vice Chair 702-432-6999 James.Ohrenschall@asm.state.nv.us Lesley E. Cohen 702-715-0772 Lesley.Cohen@asm.state.nv.us Marilyn Dondero Loop 702-556-0224 Marilyn.DonderoLoop@asm.state.nv.us Ellen Spiegel 702-577-2167 Ellen.Spiegel@asm.state.nv.us Michele Fiore 702-302-5163 Michele.Fiore@asm.state.nv.us Jim Wheeler 775-546-3471 Jim.Wheeler@asm.state.nv.us Background: Ideally, families get along; parents, grandparents, and even great-grandparents work together to raise strong and healthy kids. But that is not always the case. Regardless of how healthy these relationships are, it falls to fit and loving parents to make decisions regarding the care, custody, and control of the child--including decisions regarding who has contact with that child. However, AB 203 would allow a grandparent (or great-grandparent) to sue the parents for visitation rights to the child. If this bill becomes law, a person could sue for visitation rights even when both parents are together and there is no pending dissolution, legal separation, or modification of a parenting plan proceeding. Under AB 203, a grandparent only has to allege that they have been denied the right to visit with their grandchild in order to file for visitation in district court. Under current Nevada law, grandparents can sue for visitation in the following circumstances: a parent is deceased, divorced, or separated from the custodial parent; the parent was never legally married to the custodial parent, and is deceased or the couple separated; the parent has relinquished parental rights; or the parent's parental rights have been terminated. This current law is in keeping with the constitutional standard upheld by the U.S. Supreme Court in Troxel v. Granville. As proposed, AB 203 would violate that standard. Thank you for taking the time today to stand with us for freedom. Together we can protect children by empowering their parents to make decisions for them free of this kind of intrusion. Sincerely, Mike Smith HSLDA President Other Resources Bill Text http://www.hslda.org/elink.asp?id=17629 P.S. We greatly value you and your support--it is a privilege to serve you! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families and protect homeschooling freedom for all. Join now: http://www.hslda.org/elink.asp?id=17630 ---------------------------------------------------------------------- -> You can only do so much... No one can be everywhere at once. And you can't be at home, teaching your children, while monitoring your state's legislature. Through electronic legislative services, HSLDA is monitoring state legislation for you -- watching and listening carefully for any proposed laws that could erode your right to homeschool. Join HSLDA today-we'll watch out for your future. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1942 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. Box 3000 Purcellville, Virginia 20134 Phone: (540) 338-5600 Fax: (540) 338-2733 Email: info@hslda.org Web: http://www.hslda.org ---------------------------------------------------------------------- How To Subscribe: - Subscribe to the HSLDA E-lert Service at our website: https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe - Or send an email with name and complete mailing address to: subscribe@hslda.org ---------------------------------------------------------------------- Subscription Information: - You subscribed to the HSLDA E-lert Service as: ##ToAddress## - To unsubscribe from the HSLDA E-lert Service send an email from the email address you want to unsubscribe to: unsubscribe@hslda.org - To change your email address or make other changes to your subscription, visit the HSLDA E-lert Service account web page at: https://secure.hslda.org/hslda/elert/account.asp ---------------------------------------------------------------------- POSTMASTERS: This message is being sent to the most recent address we have for our subscribers. If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
