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Family Law

Child custody

2010

University of Nevada, Las Vegas -- William S. Boyd School of Law

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Child Custody Modification Law: The Never-Ending Battle For Peace Of Mind, Brianna F. Isserdutt Jan 2010

Child Custody Modification Law: The Never-Ending Battle For Peace Of Mind, Brianna F. Isserdutt

Nevada Law Journal

Ellis v. Carucci represents an evolution in Nevada’s child custody laws that should continue. Before Ellis, Nevada courts modified custody arrangements without explicitly considering the best interests of the child. Ellis cemented the legislative intent behind Nevada Revised Statute (NRS) § 125.4803 to make the child’s best interest the focus of the judge’s decision in custody cases.

However, Ellis and NRS §125.480 are not enough to accomplish this overarching goal. The Nevada legislature should revise NRS § 125.480 so that the statute explicitly recognizes the instability and adjustments that children of divorce must endure. The statute should also be revised …