128.160 - Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.

128.160  Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.

      1.  In any action commenced by the natural parent of a child to set aside a court order terminating the parental rights of the natural parent after a petition for adoption has been granted, the best interests of the child must be the primary and determining consideration of the court.

      2.  After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child’s best interest.

      (Added to NRS by 1995, 735)