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4/16/2013 2:40:12 PM
Home School Legal Defense Association
Nevada: Great Victory for Parents on the Grandparent Visitation Bill

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From the HSLDA E-lert Service...
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Great Victory for Parents on the 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: AB 203, the grandparent visitation bill, did not get out of
the Judiciary Committee, and the bill is dead for this year!

Your phone calls, emails, and personal visits with the members of the
Assembly Judiciary Committee made the difference. Thank you so much
for your participation! This is called grassroots participation, and
without it, home schoolers have little clout with the legislative
body. We are blessed to have outstanding lobbyist as part of NHN which
continue to represent your interest in an outstanding fashion.
Finally, we thank God for His intervention on behalf of parents to
make good choices for their children.

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.

HSLDA's Position: Opposed
Summary:

HSLDA partnered with Nevada Homeschool Network and ParentalRights.Org
to defeat Nevada Assembly Bill 203 (AB 203)
http://www.hslda.org/elink.asp?id=18111 , which would have modified
state law to permit grandparents or great-grandparents to sue for
visitation of a child against the parents' wishes. This bill would
have caused 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 have forced parents to defend their
parental rights if they simply deny visitation to a grandparent.
Action Requested

NONE!
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 have allowed a grandparent (or
great-grandparent) to sue the parents for visitation rights to the
child. If this bill had become 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 would only have 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 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=18111

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=18112

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