Case library
Nevada family-law decisions, briefed for practice.
Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
51 results for “NRS 125C.0035(4)(k)”
TOUNG VS. REACHI SOLIS (CHILD CUSTODY)
Jun 16, 202691453-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: The court reviews a child custody decision for an abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); see also Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541,…
TEAMER VS. SUMMERS (CHILD CUSTODY)
May 7, 202626-20819 · 89296-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed two issues: (1) the district court's decision to permit withdrawal of deemed admissions under NRCP 36(b), and (2) the district court's weighing of the NRS 125C.0035(4) best-interest…
SUMMIT VS. SUMMIT (CHILD CUSTODY)
Apr 24, 202626-18819 · 90741-COA · Nevada (SCOTN/COA)
Affirmed in part, vacated in part, and remanded.The court reviewed the district court's custody and parenting-time determinations for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); see also Wallace v. Wallace, 112 Nev. 1015, 1019,…
GROVES VS. JOHNSON (CHILD CUSTODY)
Nov 18, 202525-50345 · 89931-COA · Nevada (SCOTN/COA)
ORDER the judgment of the district court AFFIRMED.The Court of Appeals reviewed both the custody determination and the relocation ruling for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); Flynn v. Flynn, 120 Nev. 436, 440, 92 P.3d…
PAVON VS. PAVON (CHILD CUSTODY)
Mar 24, 202323-09159 · 83376-COA · Nevada (SCOTN/COA)
"ORDER the judgment of the district court AFFIRMED."The Court of Appeals reviewed the child custody determination for an abuse of discretion and reaffirmed that findings will not be disturbed if supported by substantial evidence - "evidence that a reasonable person may…
MYERS VS. HASKINS (CHILD CUSTODY)
Jun 30, 202222-20749 · 83576-COA · Nevada Supreme Court
Reversed and remanded with instructions.Standard of review: A district court's decision to deny a motion to modify physical custody without an evidentiary hearing is reviewed for abuse of discretion. Bautista v. Picone, 134 Nev. 334, 338, 419 P.3d 157, 160…
MIZRACHI VS. MIZRACHI, JR. (CHILD CUSTODY)
Oct 22, 202424-39875 · 86508-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The panel reviewed each of Dory's six assignments of error under the applicable standards and affirmed. Finality of the March 2022 order. Dory contended the March 2022 order was a final order resolving Eli's motion to…
RAM VS. KIRAN (CHILD CUSTODY)
Jun 11, 202424-20328 · 87615-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")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…
CRISTOS VS. TOLAGSON (CHILD CUSTODY)
Apr 20, 202323-12301 · 84167-COA · Nevada (SCOTN/COA)
Judgment of the district court AFFIRMED but REMANDED for the limited purpose of correcting the clerical error.Standard of review: After a bench trial, the court reviews legal conclusions de novo and upholds factual findings supported by substantial evidence, citing Vegas United Inv. Series 105, Inc. v. Celtic Bank Corp., 135…
GOLD VS. GOLD (CHILD CUSTODY)
May 23, 202424-18179 · 86918-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")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…
HALL VS. LOFTIS (CHILD CUSTODY)
Jun 3, 202222-17755 · 81461-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")The court applied de novo review to Hall's jurisdictional challenges. Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). On the divorce-decree jurisdiction issue, the court noted Loftis pleaded only separate…
CROSIER VS. CROSIER (CHILD CUSTODY)
Oct 31, 202424-41239 · 87206-COA · Nevada (SCOTN/COA)
Reversed and remanded. ("we ORDER the custody decree and post-decree order REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.")The Court of Appeals reviewed the custody determination for an abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). Deference to the district court's discretionary determinations is not…
TOLIVER VS. TOLIVER (CHILD CUSTODY)
Nov 29, 202323-38770 · 85877-COA · Nevada (SCOTN/COA)
Affirmed. ("It is so ORDERED." affirming the district court's order.)The Court of Appeals reviewed the child custody modification against the settled standard that a district court has broad discretion in custody matters, but its findings must be supported by substantial evidence —…
ROWBERRY VS. ROWBERRY (CHILD CUSTODY)
Aug 28, 202323-27999 · 85076-COA · Nevada (SCOTN/COA)
Reversed and remanded. ("ORDER the judgment of the district court REVERSED and REMANDED.")The Court of Appeals reviewed the district court's custody and relocation determinations for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); Flynn v. Flynn, 120 Nev. 436, 440, 92 P.3d…
PERREIRA VS. EISENBERG (CHILD CUSTODY)
Jul 22, 202691613-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the child custody decision for abuse of discretion, affirming factual findings supported by substantial evidence—"evidence that a reasonable person may accept as adequate to sustain a…
RUBIDOUX VS. RUBIDOUX (CHILD CUSTODY)
May 18, 202222-15718 · 83628-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the child custody determination for an abuse of discretion, citing Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), while noting that deference does not extend to findings so…
CALDERON VS. STIPP (CHILD CUSTODY)
Apr 11, 202222-11283 · 81888-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: District courts have "broad discretionary powers in determining questions of child custody," and the appellate court "will not disturb the trial court's determinations absent a clear abuse of…
ZIRATE VS. SALAZAR
Feb 8, 202424-04792 · 86416-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")Standard of review: The court reviews child custody determinations, including resolution of relocation requests, for an abuse of discretion, citing Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), and…
DE NOTO VS HILTON (CHILD CUSTODY)
Jun 16, 202691325-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the physical-custody determination for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). A district court abuses its discretion when its decision is not…
SNYDER VS. WALKER (CHILD CUSTODY)
Mar 24, 202323-09144 · 85088-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review.** The court reviewed both the relocation determination and the custody determination for abuse of discretion. Flynn v. Flynn, 120 Nev. 436, 440, 92 P.3d 1224, 1227 (2004); Ellis v. Carucci, 123…
BELEN VS. CHAPMAN (CHILD CUSTODY)
Apr 28, 202626-19334 · 91144-COA · Nevada (SCOTN/COA)
Reversed and remanded.The Court of Appeals reviewed the district court's decision to exclude evidence for an abuse of discretion, citing M.C. Multi-Family Dev., L.L.C. v. Crestdale Assocs., Ltd., 124 Nev. 901, 913, 193 P.3d 536, 544 (2008),…
CORNWALL VS. CORNWALL (CHILD CUSTODY)
Dec 19, 202525-55273 · 90332-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the district court's denial of a motion to modify physical custody without an evidentiary hearing for abuse of discretion. Myers v. Haskins, 138 Nev. 553, 556, 513 P.3d 527, 531 (Ct. App.…
CAMBRA VS. LANDINO (CHILD CUSTODY)
Oct 24, 202323-34663 · 85093-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the custody and relocation determinations for abuse of discretion (Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); Flynn v. Flynn, 120 Nev. 436, 440 n.6, 92 P.3d 1224, 1227…
SAVARD VS. SAVARD (CHILD CUSTODY)
Apr 14, 202626-17099 · 89248-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Jurisdiction over the amended decree.** The court applied NRAP 4(a)(2) and NRAP 4(a)(6), holding that "[a] notice of appeal filed after the court announces a decision or order—but before the entry of the judgment or…
FRANKLIN VS. FRANKLIN (CHILD CUSTODY)
Dec 4, 202323-39225 · 84334 · Nevada (SCOTN/COA)
Affirmed in part and reversed in part.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);…
SOLDO-ALLESIO VS. FERGUSON
Feb 13, 202525-06948 · 87657-COA · Nevada Supreme Court
Reversed and remanded.Standard of review. The Court of Appeals reviews a child custody order for abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007); Roe v. Roe, 139 Nev., Adv. Op. 21, 535 P.3d 274, 284 (Ct.…
HURD VS. OPIPARI (CHILD CUSTODY)
Aug 22, 202323-27372 · 85537-COA · Nevada (SCOTN/COA)
Reversed in part, vacated in part, and remanded.Standard of review: The district court has broad discretion in child custody matters, and the appellate court will not disturb custody determinations absent a clear abuse of discretion. Ellis v. Carucci, 123 Nev. 145,…
FRANKLIN VS. FRANKLIN (CHILD CUSTODY)
Jun 20, 202424-21407 · 84334 · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.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);…
CARRERA VS. PETERSON (CHILD CUSTODY)
Aug 6, 202691367-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's child custody decision for abuse of discretion, which occurs only when "no reasonable judge could reach a similar conclusion under the same circumstances." Ellis v.…
OLLERTON VS. AYALA
Jun 26, 202424-22178 · 86370-COA · Nevada (SCOTN/COA)
Reversed and remanded.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…
LOPEZ VS. PENALOZA (CHILD CUSTODY)
Jun 3, 202525-24488 · 88714-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The panel (Bulla, Gibbons, Westbrook, JJ.) reviewed the district court's custody, child support, and alimony determinations for abuse of discretion. **Custody.** Applying Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d…
PREVOST VS. GRONVOLD (CHILD CUSTODY)
Oct 20, 202222-33055 · 82916-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's evidentiary and custody rulings for abuse of discretion. It applied the standard that "[a]n abuse of discretion occurs when a district court's decision is not supported…
Johnson et al v. Parker
Jun 30, 202690848-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's child custody determinations - including physical custody, relocation, and legal custody - for an abuse of discretion, affirming factual findings supported by…
NANCE VS. FERRARO (CHILD CUSTODY)
Apr 5, 201818-90063 · 72454-COA · Nevada Supreme Court
Reversed and remanded.Standard of review: Evidentiary rulings on motions in limine and child-custody determinations are reviewed for abuse of discretion. State ex rel. Dep't of Highways v. Nev. Aggregates & Asphalt Co., 92 Nev. 370, 376, 551…
STEWART VS. STEWART (CHILD CUSTODY)
Feb 13, 202323-04371 · 83750-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Custody.** The court reviewed the custody determination for abuse of discretion, citing Rivero v. Rivero, 125 Nev. 410, 428, 216 P.3d 213, 226 (2009), overruled on other grounds by Romano v. Romano, 138 Nev., Adv. Op.…
SHAHROKHI VS. BURROW (CHILD CUSTODY)
May 12, 202222-15098 · 83726 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional issues received de novo review. Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court rejected Ali's facial challenge to NRS 125C.0035, reasoning that fit parents have equal…
OLSON VS. OLSON (CHILD CUSTODY)
Feb 22, 202424-06475 · 86237-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")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…
SOLINGER VS. SOLINGER (CHILD CUSTODY)
Apr 20, 202323-12320 · 84832-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, vacated in part, and remanded.**Custody.** Child custody decisions are reviewed for abuse of discretion, Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996), and will not be set aside if supported by substantial evidence, Ellis v.…
GARVER VS. GARVER (CHILD CUSTODY)
May 27, 202222-17013 · 82471-COA · Nevada (SCOTN/COA)
"[W]e ORDER the judgment of the district court AFFIRMED."Standard of review. The court applied abuse-of-discretion review to the custody determinations, quoting Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007): "We have repeatedly recognized the district court's…
SHAHROKHI VS. BURROW C/W 82245
May 12, 202222-15092 · 81978 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional review was de novo under Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court rejected Ali's facial challenge to NRS 125C.0035, relying on Rico v. Rodriguez, 121 Nev. 695, 704, 120…
SHAHROKHI VS. BURROW C/W 81978
May 12, 202222-15092 · 82245 · Nevada (SCOTN/COA)
Appeal in Docket No. 83726 dismissed in part; judgments of the district court affirmed.Constitutional issues are reviewed de novo. Jackson v. State, 128 Nev. 598, 603, 291 P.3d 1274, 1277 (2012). The court held that the constitutional challenge to NRS 125C.0035 fails because, between two fit parents, the…
KRAGEN VS. DIST. CT. (KRAGEN)
Oct 30, 202323-35210 · 86626-COA · Nevada (SCOTN/COA)
Petition granted; the Court of Appeals directed the clerk to issue a writ of mandamus instructing the district court to vacate its orders concluding that home state jurisdiction exists and to reconsider the matter after an evidentiary hearing. (The request for a writ of prohibition was denied.)The Court of Appeals granted mandamus relief directed at Eighth Judicial District Court orders assuming UCCJEA jurisdiction and establishing temporary custody in a divorce action. On jurisdiction, the court reiterated…
WILLIAMS VS. WILLIAMS (CHILD CUSTODY)
Aug 19, 202222-25929 · 83263-COA · Nevada (SCOTN/COA)
Affirmed in part, vacated in part, and remanded.**Custody (three boys).** The court reviewed the custody determination for a clear abuse of discretion, citing Rico v. Rodriguez, 121 Nev. 695, 701, 120 P.3d 812, 816 (2005). It recognized the rebuttable presumption…
BELL VS. ROBINSON (CHILD CUSTODY)
Jun 25, 202525-27918 · 89297-COA · Nevada (SCOTN/COA)
Affirmed.The Court of Appeals reviewed the district court's child custody determination for a clear abuse of discretion, deferring to factual findings supported by substantial evidence — "evidence that a reasonable person would…
ANAYA-ALVARADO VS. ANAYA-ALVARADO (CHILD CUSTODY)
Feb 15, 202323-04724 · 84869-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The court reviewed the child custody modification under the abuse-of-discretion standard, noting that the district court has "broad discretionary powers to determine child custody matters, and [this court] will not…
HACHAM VS. SEBAI (CHILD CUSTODY)
Mar 22, 202424-10151 · 86819-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the findings of fact, conclusions of law, and order AFFIRMED.")**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,…
ELMORE VS. HERRIN (CHILD CUSTODY)
Jan 30, 202424-03465 · 86191-COA · Nevada (SCOTN/COA)
Reversed and remanded. ("ORDER the judgment of the district court REVERSED AND REMANDED.")Standard of review: The district court has "broad discretionary power" in determining child custody, Hayes v. Gallacher, 115 Nev. 1, 4, 972 P.2d 1138, 1140 (1999), and a custody determination will not be overturned…
KURZ VS. ANTHONY (CHILD CUSTODY)
Mar 23, 202222-09183 · 83231-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the custody modification under the abuse-of-discretion standard, noting that a district court has "broad discretionary powers to determine child custody matters" and that its determinations…
IN RE: GUARDIANSHIP OF A.D.I., A.R.I., A.J.I.
Jul 9, 202424-23774 · 84126 · Nevada (SCOTN/COA)
Affirmed.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,…
FISHER VS. COBIAN (CHILD CUSTODY)
Aug 16, 202323-26762 · 85203-COA · Nevada (SCOTN/COA)
The judgment of the district court is AFFIRMED but REMANDED for the limited purpose of correcting the clerical error.Standard of review: The court of appeals reviews child custody decisions for an abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 161 P.3d 239 (2007), affirming determinations supported by substantial evidence,…
Every summary is independently verified against the source opinion; summaries are informational research aids, not legal advice, and no substitute for reading the decision. Topic groupings are derived automatically from each case’s category tag and cited statutes; a case may appear under two topics.