128.190 - Restoration of parental rights: Hearing; required findings to grant petition; effect of order restoring parental rights. - Nevada Statutes

128.190  Restoration of parental rights: Hearing; required findings to grant petition; effect of order restoring parental rights.

      1.  If a valid petition is filed pursuant to NRS 128.170, the court shall hold a hearing to determine whether to restore the parental rights of the natural parent or parents.

      2.  Before granting a petition for the restoration of parental rights, the court must find that:

      (a) If any child who is the subject of the petition is 14 years of age or older, the child consents to the restoration of parental rights.

      (b) The natural parent or parents for whom restoration of parental rights is sought have been informed of the legal obligations, rights and consequences of the restoration of parental rights and that the natural parent or parents are willing and able to accept such obligations, rights and consequences.

      3.  If the court finds the necessary facts pursuant to subsection 2, the court shall order the restoration of parental rights if the court further finds by a preponderance of the evidence that:

      (a) The child is not likely to be adopted; and

      (b) Restoration of parental rights of the natural parent or parents is in the best interests of the child.

      4.  If the court restores the parental rights of the natural parent or parents of a child who is less than 14 years of age, the court shall specify in its order the factual basis for its findings that it is in the best interests of the child to restore the parental rights of the natural parent or parents.

      5.  Upon the entry of an order for the restoration of parental rights issued pursuant to this section, any child who is the subject of the petition becomes the legal child of the natural parent or parents whose rights have been restored, and they shall become the child’s legal parents on that date with all the rights and duties of parents.

      (Added to NRS by 2007, 91)