Case library
Nevada family-law decisions, briefed for practice.
33 decisions, organized by topic. Practitioner summaries with key holdings, posture, disposition, and the statutes cited - up front, where you need them. Every summary links to the full opinion.
Case Library = case briefs of the decisions themselves. For long-form explainers of the governing law, Guides; for the exact quotable passages, verified verbatim, the Canon.
33 cases · counsel of record Emily M. McFarling
IBANEZ VS. CHAISAWANG (CHILD CUSTODY)
Jun 30, 202691075-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the child custody and relocation determinations for abuse of discretion, affirming factual findings supported by substantial evidence, "which is evidence that a reasonable person may accept…
SHEETS VS. SHEETS (CHILD CUSTODY)
Oct 29, 202525-47139 · 89934-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER OF AFFIRMANCE.")The Court of Appeals reviewed an initial permanent custody determination combined with a relocation request. Because no prior custody order existed, the court noted that NRS 125C.007 did not govern the petition; under…
POPELKOVA VS. MILLER (FAMILY)
Mar 12, 202589247 · Nevada (SCOTN/COA)
Appeal and cross-appeal dismissed.This is a clerk's order dismissing an appeal and cross-appeal upon the stipulation of the parties. The court invoked NRAP 42 as the basis for dismissal. The order recites that dismissal follows "the stipulation of the…
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…
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)
Aug 15, 2024140 Nev. Adv. Op. 49 (Ct. App. 2024) · 88187-COA · Nevada Supreme Court
Petition denied.Standard of review. Subject matter jurisdiction, including home state jurisdiction under the UCCJEA, is reviewed de novo. Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). De novo review "properly includes…
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…
GARCIA RODRIGUEZ VS. LEON-YANEZ
Apr 29, 202424-14789 · 85289-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.**Standard of review.** The court reviewed the distribution of community property, orders concerning omitted assets, child support, alimony, and attorney fees each for abuse of discretion. See Kogod v. Cioffi-Kogod, 135…
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…
ROSIAK VS. ROSIAK C/W 86632
Feb 22, 202424-06443 · 85464-COA · Nevada (SCOTN/COA)
Affirmed in part, vacated in part, and remanded ("ORDER the judgment of the district court AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.").**Standard of review.** The court reviews "decisions regarding child support for an abuse of discretion," Romano v. Romano, 138 Nev. 1, 7, 501 P.3d 980, 985 (2022), abrogated in part on other grounds by Killebrew v.…
ORGAD VS. ORGAD
Oct 19, 202323-34075 · 84545-COA · Nevada (SCOTN/COA)
Affirmed in part and reversed in part and remanded.The court reviewed the district court's alimony determinations and disposition of community property, including underlying marital waste determinations, for abuse of discretion, citing Kogod v. Cioffi-Kogod, 135 Nev.…
PERRY VS. LEE (CHILD CUSTODY)
Oct 10, 202323-33051 · 86002-COA · Nevada (SCOTN/COA)
Reversed and remanded. ("we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.")The Court of Appeals reviewed the question of subject matter jurisdiction de novo, citing Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009). Subject matter jurisdiction over child custody is governed by NRS…
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.…
BROFMAN VS. FIORE (CHILD CUSTODY) C/W 83865
May 15, 202323-15340 · 83807-COA · Nevada (SCOTN/COA)
Order dismissing appeal in part and affirming in part (Docket No. 83807-COA), and dismissing appeal (Docket No. 83865-COA).Appellate jurisdiction. The court reiterated that it has jurisdiction only where an appeal is authorized by statute or court rule, citing Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013).…
ESTEIN, JR. VS. WARD (CHILD CUSTODY)
Apr 27, 202323-13239 · 84817-COA · Nevada (SCOTN/COA)
"ORDER the judgment of the district court AFFIRMED."The Court of Appeals reviewed the district court's child custody determination for an abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007). Factual findings are affirmed if supported by…
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…
RAMOS VS. FRANKLIN (CHILD CUSTODY)
Mar 16, 2023139 Nev. Adv. Op. 6, 525 P.3d 1227 (2023) · 84520 · Nevada Supreme Court
Affirmed.Standard of review: visitation decisions are reviewed for abuse of discretion, Rennels v. Rennels, 127 Nev. 564, 568-69, 257 P.3d 396, 399 (2011); statutory interpretation is reviewed de novo, Potter v. Potter, 121 Nev.…
MADARANG VS. GERMER (CHILD CUSTODY)
Dec 22, 202222-40119 · 84466-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed the district court's custody decree, including parenting time, for abuse of discretion. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996). Factual findings are reviewed for…
ST. GEORGE VS. ST. GEORGE (CHILD CUSTODY)
Oct 21, 202222-33159 · 84018-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The Court of Appeals reviewed both the custody modification and the relocation determination for abuse of discretion. Ellis v. Carucci, 123 Nev. 145, 149, 161 P.3d 239, 241 (2007) (custody); Flynn v. Flynn, 120 Nev.…
HALL VS. MARTIN (CHILD CUSTODY)
Sep 22, 202222-29764 · 83979-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")The panel addressed three issues under differing standards of review. **Constitutional claims (de novo).** Constitutional challenges are reviewed de novo. Callie v. Bowling, 123 Nev. 181, 183, 160 P.3d 878, 879 (2007).…
SOBCZYK VS. OSBORNE (CHILD CUSTODY)
Aug 18, 202222-25824 · 83565-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The standard of review throughout is abuse of discretion. The court reviews child custody decisions for abuse of discretion and affirms if supported by substantial evidence, meaning evidence a reasonable person may…
GARCIA VS. SHAPIRO (CHILD CUSTODY)
Aug 17, 202222-25740 · 83992-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The court reviewed evidentiary, custody, and child-support rulings for abuse of discretion, applying the standard that a court abuses its discretion when "no reasonable judge could reach a similar conclusion under the…
LUCIANO VS. LUCIANO (CHILD CUSTODY)
Jul 7, 202222-21375 · 83522-COA · Nevada (SCOTN/COA)
Dismissed in part and affirmed in part. The court ordered "the judgment of the district court AFFIRMED" as to the orders denying NRCP 60(b) relief, and dismissed the appeal insofar as it challenged the decree of divorce.The court addressed a jurisdictional bar and then the merits under an abuse-of-discretion standard. On jurisdiction, the court held Amy's September 17, 2021, notice of appeal was untimely as to the June 2020 divorce…
EORIO VS. EORIO (CHILD CUSTODY)
Apr 15, 202222-12014 · 83132-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.The Court of Appeals reviewed the district court's relocation decision for abuse of discretion. Pelkola v. Pelkola, 137 Nev., Adv. Op. 24, 487 P.3d 807, 809 (2021); Flynn v. Flynn, 120 Nev. 436, 440, 92 P.3d 1224, 1229…
SALAZAR VS. LANDA
Mar 23, 202222-09162 · 83111-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this order.The Court of Appeals reviewed the alimony determination for abuse of discretion (Kogod v. Cioffi-Kogod, 135 Nev. 64, 66, 439 P.3d 397, 400 (2019)) and will not reverse where findings are supported by substantial…
WARREN VS. AHYANG (CHILD CUSTODY)
Mar 23, 202222-09171 · 82909-COA · Nevada (SCOTN/COA)
Affirmed. ("we ORDER the judgment of the district court AFFIRMED.")Standard of review: The court reviews a district court's child custody decisions for an abuse of discretion, and the decision must be supported by substantial evidence, "evidence that a reasonable person may accept as…
IN RE: MATTER OF E.R. C/W 73198
May 3, 2018134 Nev. Adv. Op. 29, 416 P.3d 242 (2018) · 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…
IN RE: MATTER OF E.R. C/W 73198
May 3, 2018134 Nev. Adv. Op. 29, 416 P.3d 242 (2018) · 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…
NGUYEN VS. BOYNES (CHILD CUSTODY)
Jun 22, 2017133 Nev. Adv. Op. 32 (2017) · 69166 · Nevada Supreme Court
Affirmed.Standard of review. The Court reviewed application of the equitable adoption doctrine de novo as a question of law, citing Rennels v. Rennels, 127 Nev. 564, 569, 257 P.3d 396, 399 (2011). It reviewed the parentage…
DAVIS VS. EWALEFO (CHILD CUSTODY)
Jul 2, 2015131 Nev. Adv. Op. 45 (2015) · 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.…
BLUESTEIN VS. BLUESTEIN (CHILD CUSTODY)
Mar 26, 2015131 Nev. Adv. Op. 14 (2015) · 62308 · Nevada Supreme Court
Reversed and remanded.Standard of review: Custody decisions are reviewed for abuse of discretion. Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996). Purely legal questions are reviewed de novo. Rennels v. Rennels, 127 Nev.…
Druckman v. Ruscitti
Jun 26, 2014130 Nev. Adv. Op. 50 (2014) · 60598 · Nevada Supreme Court
Affirmed in part, reversed in part, and remanded.The court, per Douglas, J., en banc, addressed the custodial rights of unmarried parents where paternity has been established by voluntary acknowledgment under NRS 126.053 but no judicial custody order exists. A…
Ogawa v. Ogawa
Nov 12, 2009125 Nev. 660, 221 P.3d 699 (2009) · 48571 · Nevada Supreme Court
Reversed and remanded with instructions.Standard of review. Subject matter jurisdiction is a question of law reviewed de novo. See Gosserand v. Gosserand, 230 S.W.3d 628, 631 (Mo. Ct. App. 2007); Harshberger v. Harshberger, 724 N.W.2d 148, 154 (N.D. 2006);…
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.
