Nevada family-law decisions, briefed for practice.

The Court of Appeals reviewed the denial of a motion to set aside a divorce decree for abuse of discretion, citing Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 28 P.3d 255, 257 (2018), and Cook v. Cook, 112 Nev.…

The court dismissed the appeal under NRAP 3(a)(2) for failure to comply with its September 6, 2024 order directing payment of the $250 filing fee or, alternatively, the filing of a motion to proceed in forma pauperis…

The Court of Appeals reviewed the contempt order for abuse of discretion. Lewis v. Lewis, 132 Nev. 453, 456, 373 P.3d 878, 880 (2016); see also Vaile v. Vaile, 133 Nev. 213, 217, 396 P.3d 791, 794-95 (2017) (contempt…

Jurisdiction. The court first dismissed Rowland's challenges to the initial custody decree as untimely under NRAP 4(a)(1), citing Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987),…

The court dismissed for lack of appellate jurisdiction, addressing each challenged order in turn. As to the November 29, 2022, order, the court reiterated its earlier ruling in Docket No. 86131 that the order is…

The court dismissed the appeal under NRAP 3(a)(2), which provides that an appellant's failure to take any step other than the timely filing of a notice of appeal "does not affect the validity of the appeal, but is…

The court reiterated the standards governing extraordinary writ relief. Mandamus is available under NRS 34.160 to compel performance of an act required by law or to control an arbitrary or capricious exercise of…

The Court of Appeals reviewed subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) de novo, citing Kragen v. Eighth Jud. Dist. Ct., 140 Nev., Adv. Op. 49, ___ P.3d ___…

The Court of Appeals reviewed the district court's child custody determinations for abuse of discretion, declining to set aside factual findings supported by substantial evidence, defined as "evidence that a reasonable…

The Court of Appeals reviewed each of Stephanie's four arguments under the abuse-of-discretion standard applicable to child custody determinations. Under that standard, the court focuses on whether the district court…

The opinion addresses which standard governs a parent's petition to terminate a pre-2017 guardianship: the post-2017 statute, NRS 159A.1915, with its heightened "substantially enhanced" showing for non-consenting…

The Court of Appeals reviewed the district court's dismissal for lack of subject matter jurisdiction de novo, citing Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). It applied the deferential standard to…

The court evaluated its jurisdiction sua sponte under NRAP 3A(b), reaffirming that the Nevada Supreme Court's appellate jurisdiction is limited to appeals authorized by statute or court rule. See Taylor Constr. Co. v.…

The court dismissed the appeal under its authority recognized in NRAP 3(a)(2), which provides that an appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity…

The court dismissed the appeal for lack of appellate jurisdiction. Reviewing the notice of appeal and accompanying documents, the court determined that the challenged district court order - which (1) found a prima facie…

The Nevada Supreme Court granted appellant's motion for voluntary dismissal pursuant to NRAP 42(b) and dismissed the appeal. The order contains no substantive analysis, no discussion of the underlying district court…

The court dismissed the appeal for lack of appellate jurisdiction based on a premature notice of appeal. Citing NRAP 4(a)(4), NRAP 4(a)(6), and AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195…

The court dismissed the appeal under NRAP 3(a)(2) for failure to pay the filing fee required by NRAP 3(e) and for failure to demonstrate compliance with NRAP 24 (governing in forma pauperis proceedings) within the…

Standard of review: Guardianship determinations are reviewed for abuse of discretion. In re Guardianship of D.M.F., 139 Nev., Adv. Op. 38, 535 P.3d 1154, 1161 (2023); State v. Eric A.L. (In re Eric A.L.), 123 Nev. 26,…

The court raised appellate jurisdiction sua sponte upon review of the notice of appeal. Citing Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013), the court reiterated that it "may only consider…

The court addressed appellate jurisdiction over an order entered in a juvenile court proceeding that placed a minor child for adoption and gave effect to a post-adoptive contact agreement. Applying NRAP 3A(b)(7), which…

The Court of Appeals reviewed the district court's resolution of a relocation motion for abuse of discretion, citing Monahan v. Hogan, 138 Nev. 58, 69, 507 P.3d 588, 596 (Ct. App. 2022), and reviewed the denial of a…

Standard of review: a district court's relocation decision is reviewed for an abuse of discretion, Flynn v. Flynn, 120 Nev. 486, 440, 92 P.3d 1224, 1227 (2004), and factual findings are upheld if supported by…

Standard of review. Child custody decisions are reviewed for abuse of discretion, with factual findings sustained if supported by substantial evidence. Rivero v. Rivero, 125 Nev. 410, 428, 216 P.3d 213, 226 (2009);…

The Court of Appeals reviewed the district court's child custody order for an abuse of discretion. *Wallace v. Wallace*, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996). An abuse of discretion occurs when a district court…

The Nevada Supreme Court dismissed this pro se appeal from a district court order denying modification of child custody after the appellant repeatedly failed to file her docketing statement and fast track statement.…

The court dismissed the appeal sua sponte for lack of appellate jurisdiction. The challenged order established temporary custody of a minor under NRS Chapter 432B and set the matter for further proceedings. Relying on…

Standard of review: Child custody decisions are reviewed for an abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). An abuse occurs when "no reasonable judge could reach a similar…

Standard of review. The court reviews the exclusion of expert testimony for abuse of discretion, citing Hallmark v. Eldridge, 124 Nev. 492, 498, 189 P.3d 646, 650 (2008), and reviews child custody determinations…

The Court of Appeals reviewed the district court's child custody order for abuse of discretion. Roe v. Roe, 139 Nev., Adv. Op. 21, 535 P.3d 274, 284 (Ct. App. 2023). Review focuses on whether the district court "reached…

The Court of Appeals reviewed the district court's child custody modification order for abuse of discretion, citing Roe v. Roe, 139 Nev., Adv. Op. 21, 535 P.3d 274, 284 (Ct. App. 2023), and reviewed the denial of the…

The court reiterated the threshold rule that it "may only consider appeals authorized by statute or court rule," quoting Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). Orders concerning child…

The Nevada Supreme Court dismissed this pro se appeal from a family-court relocation order for failure to prosecute. After granting counsel's motion to withdraw on January 19, 2024, the court suspended briefing and…

The appeal presented a question of subject matter jurisdiction over a guardianship petition. The court reviewed the issue de novo, citing Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009) ("Subject matter…

**Service of process (waiver).** The court applied the rule that an objection to personal jurisdiction, process, or service of process is waived if not raised as a defense in an answer or pre-answer motion under NRCP…

The court conducted a sua sponte jurisdictional review of the notices of appeal. Appellate jurisdiction in Nevada requires a final, appealable order or an order made appealable by statute or rule. The challenged orders…

The court dismissed sua sponte for lack of appellate jurisdiction. The challenged order established temporary custody under NRS Chapter 432B and set the matter for further proceedings. Citing In re Temporary Custody of…

The court dismissed the appeal sua sponte for lack of appellate jurisdiction based on an untimely notice of appeal. Notice of entry of the January 12, 2023, custody order was served on appellant by U.S. mail on January…

The court dismissed the appeal for lack of appellate jurisdiction based on a premature notice of appeal. Applying NRAP 4(a)(4) and AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010), the…

**Custody.** The court reviewed the physical custody award for a clear abuse of discretion, citing Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (1999), and Davis v. Ewalefo, 131 Nev. 445, 450, 352 P.3d 1139,…

The Court of Appeals reviewed the child custody decision for an abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), affirming factual findings supported by substantial evidence, id. at…

The Court of Appeals reviewed the child custody determination for abuse of discretion, affirming factual findings supported by substantial evidence. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241-42 (2007). The…

The court granted appellant's unopposed pro se motion for voluntary dismissal pursuant to NRAP 42(b) and dismissed the appeal. The order contains no substantive analysis of the underlying custody dispute and announces…

Jurisdiction. The court dismissed the portions of the appeal challenging trial bifurcation, alimony, and child support because no final judgment exists - the community property and debt division remains unresolved. A…

The Court of Appeals reviewed the denial of a motion to modify physical custody under the abuse-of-discretion standard, citing Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). An abuse of discretion occurs…

Standard of review: The Court of Appeals reviews a child custody decision for an abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), and will affirm the district court's factual findings…

Standard of review. The court reviewed the custody decision, the relocation ruling, the school-choice determination, the imputation of income for child support, the evidentiary ruling, the denial of a new trial, the…

Custody and relocation rulings are reviewed for abuse of discretion. Rivero v. Rivero, 125 Nev. 410, 428, 216 P.3d 213, 226 (2009). Applying the relocation framework of NRS 125C.007(1), the Court held the record…

The court conducted a sua sponte jurisdictional review under NRAP 3(g) and identified three independent defects. First, the May 11, 2023, order was already the subject of a pending appeal in Docket No. 86782; a second…

The court addressed jurisdiction, then reached the merits of three challenges. As to jurisdiction over the order setting a vexatious litigant hearing, the court held that no statute or court rule authorizes an appeal…