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Date:
From:
Subject:

3/18/2013 12:10:34 PM
Mike Smith--HSLDA
Nevada--Strong Testimony in Opposition to Grandparent Visitation Bill

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From the HSLDA E-lert Service...
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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

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-> 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

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