Nevada family-law decisions, briefed for practice.

Standard of review: questions of law are reviewed de novo; factual findings are reviewed for substantial evidence. In re Parental Rts. as to A.L., 130 Nev. 914, 918, 337 P.3d 758, 761 (2014). Substantial evidence is…

The court applied the two-prong termination framework requiring clear and convincing evidence of (1) parental fault and (2) best interest of the child. NRS 128.105(1); In re Termination of Parental Rts. as to N.J., 116…

Standard of review: questions of law are reviewed de novo; the district court's factual findings are reviewed for substantial evidence. In re Parental Rts. as to A.L., 130 Nev. 914, 918, 337 P.3d 758, 761 (2014). The…

The court reviewed the constitutional challenge to NRS 128.109 de novo, citing Hernandez v. Bennett-Haron, 128 Nev. 580, 586, 287 P.3d 305, 310 (2012), and applied the presumption of validity from Flamingo Paradise…

The court applied the two-prong termination framework of NRS 128.105(1) and In re Termination of Parental Rts. as to N.J., 116 Nev. 790, 800-01, 8 P.3d 126, 132-33 (2000), requiring clear and convincing evidence of (1)…

Standard of review: questions of law are reviewed de novo; the district court's factual findings are reviewed for substantial evidence. In re Parental Rts. as to A.L., 130 Nev. 914, 918, 337 P.3d 758, 761 (2014).…

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…

The court applied the familiar two-prong termination framework under NRS 128.105(1) and In re Termination of Parental Rts. as to N.J., 116 Nev. 790, 800-01, 8 P.3d 126, 132-33 (2000): clear and convincing evidence of…

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…

Standard of review: questions of law are reviewed de novo; the district court's factual findings are reviewed for substantial evidence. In re Parental Rts. as to A.L., 130 Nev. 914, 918, 337 P.3d 758, 761 (2014). To…

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.…

Standard of review: The court reviews a decision to grant or deny a motion to modify alimony for an abuse of discretion, Davitian-Kostanian v. Kostanian, 139 Nev., Adv. Op. 27, 534 P.3d 700, 705 (2023), and will not…

The court applied Nevada's two-prong termination framework under NRS 128.105(1) and In re Termination of Parental Rts. as to N.J., 116 Nev. 790, 800-01, 8 P.3d 126, 132-33 (2000): clear and convincing evidence of (1) at…

Standard of review: Questions of law are reviewed de novo; the district court's factual findings are reviewed for substantial evidence — evidence "a reasonable person may accept as adequate" to support a conclusion. In…

The appeal presented two issues: (1) whether the district court erred in requiring Kristin to demonstrate substantial enhancement under NRS 159A.1915, and (2) whether the district court abused its discretion in finding…

Standard of review. The court reviewed conclusions of law, including statutory construction, de novo (Dewey v. Redev. Agency of Reno, 119 Nev. 87, 93-94, 64 P.3d 1070, 1075 (2003)), and factual findings for substantial…

Standard of review: Questions of law are reviewed de novo, and the district court's factual findings are reviewed for substantial evidence - "that which 'a reasonable person may accept as adequate' to support a…

The court reviewed an appeal from a district court order terminating parental rights. Although appellant did not directly challenge the merits, the court noted that substantial evidence supported findings of parental…

The court reviewed a termination of parental rights, applying its established standard: questions of law de novo and factual findings for substantial evidence. In re Parental Rights as to A.L., 130 Nev. 914, 918, 337…

The court reviewed the district court's termination order under the established two-part standard: clear and convincing evidence of (1) at least one ground of parental fault and (2) that termination serves the child's…

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…

The court addressed justiciability rather than the merits of the constitutional challenge to NRS 128.109(1)(a) and (2). Citing NCAA v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981), the court reiterated…

The court addressed justiciability rather than the merits. Mootness is "one of justiciability," and Nevada appellate courts render judgments only on actual controversies. Personhood Nev. v. Bristol, 126 Nev. 599, 602,…

The court reviewed the procedural due process challenge de novo, citing Callie v. Bowling, 123 Nev. 181, 183, 160 P.3d 878, 879 (2007), for the requirement that a party receive notice and an opportunity to be heard. On…

The court addressed an original writ petition challenging a district court placement order. Writ relief is extraordinary and discretionary, and the petitioner bears the burden of demonstrating that intervention is…

The court applied the two-prong termination framework of NRS 128.105(1): clear and convincing evidence of (1) at least one ground of parental fault and (2) that termination is in the child's best interest. See In re…

The court reviewed a termination order under the familiar two-prong framework of NRS 128.105(1) and In re Termination of Parental Rights as to N.J., 116 Nev. 790, 800-01, 8 P.3d 126, 132-33 (2000): clear and convincing…

The court evaluated its appellate jurisdiction sua sponte after initial review of the notice of appeal suggested a timeliness defect. Under NRAP 4(a)(1), a notice of appeal must be filed within 30 days after service of…

The court applied the two-part termination framework under NRS 128.105(1) and In re Termination of Parental Rights as to N.J., 116 Nev. 790, 800-01, 8 P.3d 126, 132-33 (2000), requiring clear and convincing evidence of…

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…

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…

The Court reviewed the district court's interpretation of NRS 3.2203(3)(b) de novo. Amaya v. Guerrero Rivera, 135 Nev. 208, 210, 444 P.3d 450, 452 (2019). Under 8 U.S.C. § 1101(a)(27)(J) and NRS 3.2203, a state juvenile…

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.…

Standard of review: The Court reviews questions of law de novo and the district court's factual findings for substantial evidence, citing In re Parental Rights as to A.L., 130 Nev. 914, 918, 337 P.3d 758, 761 (2014).…

The court applied the familiar two-part termination framework: clear and convincing evidence of (1) at least one ground of parental fault and (2) that termination serves the child's best interests. NRS 128.105(1); In re…

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…

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…

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…

The Court reviews a termination of parental rights for substantial evidence and does not "substitute its own judgment for that of the district court." In re Termination of Parental Rights as to N.J., 116 Nev. 790, 795,…

Standard of review: The grant or denial of a continuance lies within the district court's discretion and will not be reversed "except for the most potent reasons." S. Pac. Transp. Co. v. Fitzgerald, 94 Nev. 241, 243,…

Standard of review. Constitutional questions, including the right to a jury trial, are reviewed de novo. Awada v. Shuffle Master, Inc., 123 Nev. 613, 618, 173 P.3d 707, 711 (2007). Termination orders are reviewed for…

Standard of review. Subject matter jurisdiction is reviewed de novo. Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). Factual findings are reviewed for abuse of discretion and upheld if supported by…

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…

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…

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…

The court resolved two questions of first impression concerning the interplay between Nevada parental-termination law and the ICWA, 25 U.S.C. §§ 1901-63 (2006): (1) which burden of proof governs when both state and…

Standard of review: A party petitioning to terminate parental rights must establish by clear and convincing evidence that (1) termination is in the child's best interest and (2) parental fault exists, citing NRS 128.105…