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.
37 results for “NRS Chapter 128”
IN RE: GUARDIANSHIP OF B.A.A.R.
Sep 3, 202020-32489 · 78626-COA · Nevada Supreme Court
Reversed and remanded.Standard of review: The Court of Appeals reviews factual determinations for abuse of discretion, In re Guardianship of N.M., 131 Nev. 751, 754, 358 P.3d 216, 218 (2015), but applies de novo review to questions of…
AMAYA VS. GUERRERO RIVERA (CHILD CUSTODY)
Jul 3, 201919-28444 · 75769 · Nevada Supreme Court
Reversed and remanded.The court reviewed de novo the interpretation of 8 U.S.C. § 1101(a)(27)(J) and NRS 3.2203, citing Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 198, 179 P.3d 556, 559 (2008). The opinion describes…
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…
IN RE: PARENTAL RIGHTS AS TO L.L.S.
May 27, 202121-15207 · 79124 · Nevada Supreme Court
Reversed and remanded.Standard of review: Constitutional questions, including a parent's procedural due process rights in a termination proceeding, are reviewed de novo. In re Parental Rights as to M.F., 132 Nev. 209, 212, 371 P.3d 995, 997…
DESTIN VS. DIST. CT. (HANDWERKER-LAMASTER) (CHILD CUSTODY)
Aug 28, 202525-37656 · 89114 · Nevada Supreme Court
Petition denied.Standard of review. Mandamus may issue under NRS 34.160 to compel performance of an act the law requires, and under Nev. Const. art. 6, § 4. Relief is available only where the district court "manifestly abused [its]…
IN RE: PARENTAL RIGHTS AS TO A.P.M. AND E.M.M.
Sep 10, 201515-27323 · 64214 · Nevada Supreme Court
Affirmed.Standard of review. A party petitioning to terminate parental rights must establish by clear and convincing evidence that termination is in the child's best interest and that parental fault exists, citing In re Parental…
IN RE: PARENTAL RIGHTS AS TO T.M.R.
May 27, 202121-15209 · 81032 · Nevada Supreme Court
Affirmed.The opinion resolves an ambiguity in Nevada's civil discovery framework as applied to parental-rights terminations. The Court reviews a denial of a motion in limine for abuse of discretion under State ex rel. Department…
IN RE: MATTER OF E.R. C/W 73198
May 3, 201818-16764 · 73272 · Nevada Supreme Court
Petitions granted.Standard of review: A writ of mandamus may issue "to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion." Clark Cty. Dist. Att'y v. Eighth Judicial…
WASHOE CTY. HUMAN SERVS. AGENCY VS. DIST. CT. (C.-S.)
Dec 29, 202222-40818 · 83422 · Nevada Supreme Court
Petition denied.The court (Hardesty, C.J., for an en banc court) addressed two threshold issues — writ jurisdiction and mootness — before reaching a substantive due process question. Writ jurisdiction. Citing NRS 34.170, In re William…
IN RE: N.D., G.D. AND M.D. (FAMILY)
Jan 8, 202626-00946 · 90392 · Nevada Supreme Court
Appeal allowed to proceed.The court addressed a jurisdictional question of first impression after In re A.B.: whether an order dismissing a NRS Chapter 432B child-protection petition is substantively appealable. Appellate jurisdiction in Nevada…
VAILE VS. VAILE C/W 62797
Jun 22, 201717-20696 · 61415 · Nevada Supreme Court
Affirmed.The Nevada Supreme Court resolved two questions on review: (1) the controlling child support order under UIFSA when a Nevada decree and a later Norway administrative order coexist, and (2) appellate jurisdiction over…
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.…
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,…
DAVIS VS. EWALEFO (CHILD CUSTODY)
Jul 2, 201515-20176 · 63731 · Nevada Supreme Court
Petition for reconsideration granted; affirmed in part, reversed in part, and remanded.Standard of review: The district court has "broad discretionary power" in determining child custody, including visitation, Hayes v. Gallacher, 115 Nev. 1, 4, 972 P.2d 1138, 1140 (1999); Wallace v. Wallace, 112 Nev.…
IN RE: MATTER OF N.R.R. AND N.I.R.
Dec 5, 202424-46374 · 88007 · Nevada Supreme Court
Petition granted.Standard of review and writ framework. The court reviewed matters of statutory construction de novo, citing In re Guardianship of Rubin, 137 Nev. 288, 491 P.3d 1 (2021), and Manuela H. v. Eighth Jud. Dist. Ct., 132 Nev.…
IN RE: A.T., A MINOR (FAMILY)
Jun 12, 202525-26203 · 89128 · Nevada Supreme Court
Petition denied.Standard of review and writ jurisdiction. The court reviewed statutory interpretation de novo, citing Hobbs v. State, 127 Nev. 234, 237, 251 P.3d 177, 179 (2011). Mandamus is available to compel a duty or control a…
IN RE: K.M.S.
Feb 17, 202222-05362 · 81946 · Nevada (SCOTN/COA)
Affirmed.The court reviewed the guardianship appointment for abuse of discretion under In re Guardianship of N.M., 131 Nev. 751, 758, 358 P.3d 216, 220 (2015), and addressed appealability under NRS 159A.375(1), which expressly…
In re Parental Rights as to A.L.
Nov 13, 201463311 · Nevada Supreme Court
Reversed and remanded.The Nevada Supreme Court, sitting en banc in an opinion by Justice Parraguirre, reversed a district court order terminating a mother's parental rights and remanded for a new trial, holding that DFS confessed error under…
IN RE: K.B. AND Z. C.-H. (CHILD CUSTODY)
Oct 26, 202323-34951 · 87432 · Nevada (SCOTN/COA)
Appeal dismissed.The court dismissed the appeal sua sponte for lack of appellate jurisdiction following its initial jurisdictional review of the notices of appeal. The order on review was a district court order for protective custody of…
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.…
KLABACKA VS. NELSON C/W 66772
May 25, 201717-17511 · 66772 · Nevada Supreme Court
Affirmed in part, vacated in part, and remanded.**Subject-matter jurisdiction.** Reviewing de novo (Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009); Landreth v. Malik, 127 Nev. 175, 179, 251 P.3d 163, 166 (2011)), the court rejected Eric's Trust's…
IN RE: PARENTAL RIGHTS AS TO A.D.L. AND C.L.B., JR.
Oct 5, 201717-33798 · 69047 · Nevada Supreme Court
Reversed.The court reviewed the district court's findings of fact for substantial evidence, applying close scrutiny because termination of parental rights is "tantamount to imposition of a civil death penalty." In re Parental…
In Re Parental Rights as to Cca
Apr 5, 201256723 · Nevada Supreme Court
Reversed and remanded.The Supreme Court of Nevada (Douglas, J., joined by Hardesty and Parraguirre, JJ.) addressed "the need for the district court to make express findings of fact in its written order or on the record, when determining…
HARRISON VS. HARRISON (CHILD CUSTODY)
Jul 28, 201616-23434 · 66157 · Nevada Supreme Court
Affirmed.The court reviewed the district court's denial of modification under an abuse of discretion standard. See Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). The opinion situates the analysis at the…
Gonzales-Alpizar v. Griffith
Jan 30, 201459387 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.The court resolved two issues of first impression: (1) whether a Costa Rican spousal and child support order is enforceable in Nevada under UIFSA, codified at NRS Chapter 130, and (2) whether it may be enforced under…
ORTEGA VS. DIST. CT. (ORTEGA) (CHILD CUSTODY)
Jul 1, 202692312-COA · Nevada (SCOTN/COA)
Petition granted in part and denied in part; the court directed the Clerk to issue a writ of mandamus instructing the district court to vacate the bench warrant issued against Medina.The Court of Appeals addressed a petition for a writ of mandamus or prohibition in a child custody matter. It set out the governing standards: mandamus is available to compel performance of an act the law requires as a…
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…
MEZZANO VS. TOWNLEY
Feb 19, 202525-07684 · 87863-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded ("ORDER AFFIRMING IN PART, REVERSING IN PART AND REMANDING").Standard of review: The court reviews determinations "made in a divorce decree for an abuse of discretion." Devries v. Gallio, 128 Nev. 706, 709, 290 P.3d 260, 263 (2012) (cited in the opinion). Framework: Under Nevada…
CANDELARIA VS. KELLY
Sep 14, 202323-30097 · 83859 · Nevada Supreme Court
Affirmed.Standard of review. The court reviews the disposition of community property for abuse of discretion, citing Kogod v. Cioffi-Kogod, 135 Nev. 64, 75, 439 P.3d 397, 406 (2019), and reviews interpretation of caselaw and…
IN RE: MATTER OF E.R. C/W 73198
May 3, 201818-16764 · 73198 · Nevada Supreme Court
Petitions granted.Standard of review: The court reviewed the consolidated original mandamus petitions under NRS 34.160, noting that mandamus is the appropriate vehicle to challenge an NRS Chapter 432B placement order because such orders…
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…
PHILLIPS VS. PHILLIPS (CHILD CUSTODY)
Apr 29, 202222-13646 · 82414 · Nevada (SCOTN/COA)
Affirmed.**Standard of review.** The court reviewed the child custody order for abuse of discretion, leaving factual findings undisturbed if supported by substantial evidence. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d…
PHILLIPS VS. PHILLIPS
Apr 29, 202222-13647 · 82693 · Nevada (SCOTN/COA)
Affirmed.The court reviewed the custody order for abuse of discretion under Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996), and reviewed factual findings for substantial evidence under Ellis v. Carucci, 123…
EIVAZI VS. EIVAZI
Oct 5, 202323-32631 · 84427-COA · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.Standard of review. The court reviewed alimony determinations, attorney fee awards, and disposition of community property (including underlying marital waste determinations) for abuse of discretion. Kogod v.…
Weinstein v. Fox
May 30, 201359396 · Nevada Supreme Court
Question answered. The court answered the certified question in the negative.The court exercised its discretion to answer a certified question under NRAP 5(a), applying the factors from Volvo Cars of N. Am., Inc. v. Ricci, 122 Nev. 746, 750-51, 137 P.3d 1161, 1164 (2006): whether the answer may…
PERALTA VS. TALLEY (CHILD CUSTODY)
Nov 20, 202525-50924 · 89288-COA · Nevada (SCOTN/COA)
Reversed and remanded as to the child support award; the balance of the amended decree remains in place.The Court of Appeals reviewed the child support award under a mixed standard. Matters of custody and support rest in the sound discretion of the trial court and will not be disturbed absent a clear abuse of discretion,…
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…
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.