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.
43 results for “NRS 125C.0035(5)-(6)”
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…
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…
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…
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…
GLICKMAN VS. GLICKMAN (CHILD CUSTODY)
May 7, 202626-20822 · 90343-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the district court's child custody decree AFFIRMED.")The Court of Appeals reviewed the district court's child custody determinations for an abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). When evaluating best interest, the district…
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…
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,…
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…
IN RE: GUARDIANSHIP OF C.T.F. AND P.G.S.
Mar 23, 202222-09172 · 83443-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")**Standard of review.** The court reviewed the admissibility-of-hearsay ruling for abuse of discretion, citing In re Termination of Parental Rights as to N.J., 116 Nev. 790, 804, 8 P.3d 126, 135 (2000). It reviewed the…
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…
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…
MULKERN VS. DIST. CT. (CLARK CTY. DEP'T OF FAMILY SERV.'S)
Oct 18, 201818-40945 · 76399 · Nevada Supreme Court
Petition granted in part.Standard of review and writ standards. The court reiterated that mandamus is available to compel an act required by law or to control arbitrary or capricious exercises of discretion, citing Int'l Game Tech., Inc. v.…
LEE VS. BURDEN (CHILD CUSTODY)
Feb 19, 202525-07634 · 88009-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the child custody determinations for abuse of discretion, affirming factual findings supported by substantial evidence, defined as "evidence that a reasonable person may accept as adequate…
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 —…
DURAN VS. ARMAS
Aug 26, 202525-37358 · 87593-COA · Nevada (SCOTN/COA)
Affirmed. (Order of Affirmance.)**Standard of review.** The court reviewed child custody determinations, legal-custody modifications, child support decisions, and continuance rulings for abuse of discretion. *Ellis v. Carucci*, 123 Nev. 145, 149, 161…
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.…
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);…
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…
ASKEW VS. ASKEW (CHILD CUSTODY)
Dec 13, 202323-40411 · 84315-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review.** District courts have broad discretion in child custody cases, reviewed for abuse of discretion; factual findings will not be disturbed if supported by substantial evidence — "evidence that a…
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);…
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…
MONAHAN VS. HOGAN (CHILD CUSTODY)
Feb 24, 202222-06006 · 82031-COA · Nevada Supreme Court
Affirmed.The Court of Appeals construes NRS 125C.007(1)(b) - the "best interests of the child" provision in Nevada's three-part threshold relocation test - and resolves two issues: (1) whether and how the NRS 125C.0035(4)…
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…
WOOTEN VS. WOOTEN (CHILD CUSTODY)
Apr 12, 202424-12781 · 87208-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")**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…
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…
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…
COBIAN VS. RAMIREZ (CHILD CUSTODY)
Oct 18, 202424-39361 · 88076-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed several distinct rulings under differing standards. **Subject matter jurisdiction / registration of the foreign order.** The court reviewed subject matter jurisdiction de novo, giving…
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…
GENNARDO VS. GENNARDO (CHILD CUSTODY)
Nov 22, 202323-38085 · 85370-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded: the court AFFIRMs the child custody judgment, REVERSEs as to the permanent relocation of the children, and REMANDs for expeditious proceedings.The Court of Appeals reviewed the district court's custody and relocation determinations for abuse of discretion. "Appellate courts 'will not disturb the district court's custody determinations absent a clear abuse of…
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.…
BRYANT VS. SORGET (CHILD CUSTODY)
Aug 29, 202525-37913 · 89717-COA · Nevada (SCOTN/COA)
Affirmed.Standard of review. Custody determinations are reviewed for abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), and "An abuse of discretion occurs when a district court's decision is not…
FRANE VS. FRANE (CHILD CUSTODY)
Aug 22, 202323-27419 · 85498-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review.** The court reviewed custody determinations for abuse of discretion, affirming if supported by substantial evidence. Locklin v. Duka, 112 Nev. 1489, 1493, 929 P.2d 930, 933 (1996); Ellis v.…
GONZALEZ VS. VELAZQUEZ-GONZALEZ (CHILD CUSTODY)
Feb 27, 202626-09362 · 90570-COA · Nevada (SCOTN/COA)
Reversed in part (contempt for changing the dental appointment, including the $500 sanction) and affirmed in part (all remaining judgments).Standard of review. The court reviewed the custody determination for a clear abuse of discretion, Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007), noting that an abuse occurs when a decision "is not…
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.…
CLARKE VS. WHITE (CHILD CUSTODY) C/W 86069
Nov 15, 202424-43449 · 86068-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")**Standard of review.** A decision to grant or deny an NRCP 60(b) motion to set aside a judgment is reviewed for abuse of discretion. Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996); Rodriguez v. Fiesta…
IN RE: PARENTAL RIGHTS AS TO R.A.S.
Apr 24, 202525-18288 · 88174 · Nevada Supreme Court
Reversed.The Court began with a doctrinal framing distinguishing privately initiated termination petitions from those initiated by the state under NRS Chapter 128. While both fall within NRS Chapter 128 without statutory…
LIKUA VS. GOMEZ (CHILD CUSTODY)
Oct 30, 202525-47479 · 90164-COA · Nevada (SCOTN/COA)
Affirmed. ("Accordingly, we ORDER the judgment of the district court AFFIRMED.")**Standard of review.** Child custody decisions are reviewed for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). Factual findings are affirmed if supported by substantial evidence —…
MEAD VS. MEAD (CHILD CUSTODY)
Dec 18, 202424-48731 · 88915-COA · Nevada (SCOTN/COA)
Affirmed. ("we therefore affirm the court's child custody and support determinations.")The Court of Appeals reviewed the district court's child custody and support determinations for abuse of discretion, citing Rivero v. Rivero, 125 Nev. 410, 428, 438, 216 P.3d 213, 226, 232 (2009) (overruled on other…
PATTERSON VS. WAINWRIGHT (CHILD CUSTODY)
Mar 19, 202424-09701 · 86926-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.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…
ADAMS VS. LEE (CHILD CUSTODY)
Jul 24, 202691436-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 custody for an abuse of discretion. Myers v. Haskins, 138 Nev. 553, 556, 513 P.3d 527, 531 (Ct. App. 2022); see also Wallace v. Wallace, 112 Nev. 1015,…
ARCELLA VS. ARCELLA (CHILD CUSTODY)
Dec 26, 201717-44426 · 71503 · Nevada Supreme Court
Reversed and remanded with instructions.The Court reviewed the district court's best-interest determination for clear abuse of discretion. Mack v. Ashlock, 112 Nev. 1062, 1065, 921 P.2d 1258, 1261 (1996). It identified three independent abuses of discretion.…
LEE VS. PERRY (CHILD CUSTODY)
May 20, 202626-23130 · 90830-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Due process challenge.** The court restated that "[P]rocedural due process requires notice and an opportunity to be heard," Callie v. Bowling, 123 Nev. 181, 183, 160 P.3d 878, 879 (2007), and that "[d]ue process is…
PROENZA CHAVEZ VS. RAMOS VENTURA (CHILD CUSTODY)
Mar 5, 202626-10403 · 90697-COA · Nevada (SCOTN/COA)
Reversed and remanded.The Court of Appeals reviewed the denial of a motion to modify custody without an evidentiary hearing for abuse of discretion. Myers v. Haskins, 138 Nev. 553, 556, 513 P.3d 527, 531 (Ct. App. 2022). A district court…
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.