Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

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

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 148

Full-Text Articles in Family Law

N.D., G.D., M.D., And Clark County Department Of Family Services V. Kevin John D., 142 Nev. Adv. Op. 2 (Jan. 08, 2026), Natalie D'Ambrosio Jan 2026

N.D., G.D., M.D., And Clark County Department Of Family Services V. Kevin John D., 142 Nev. Adv. Op. 2 (Jan. 08, 2026), Natalie D'Ambrosio

Nevada Supreme Court Summaries

N.D., G.D., M.D., and Clark County DFS v. Kevin John D. held that dismissal of a NRS 432B petition is a final, appealable judgment under NRAP 3A(b)(1); NRAP 3A(b)(7) does not bar such appeals, and In re A.B. is partially overruled.


In The Matter Of The Guardianship Of A.L.R.-Q., A.R.W., And A.M.W., Minor Protected Persons, 141 Nev. Adv. Op. 66 (Dec. 23, 2025), Karin Tidgewell Dec 2025

In The Matter Of The Guardianship Of A.L.R.-Q., A.R.W., And A.M.W., Minor Protected Persons, 141 Nev. Adv. Op. 66 (Dec. 23, 2025), Karin Tidgewell

Nevada Supreme Court Summaries

In the Matter of the Guardianship of A.L.R.-Q., A.R.W., and A.M.W., Minor Protected Persons, the Court of Appeals held protected minors’ guardians have procedural due process rights of notice and a meaningful opportunity to be heard before removal or termination of guardianship.


Oshiro V. Oshiro [State Of Nevada], 141 Nev. Adv. Op. 59 (Nov. 26, 2025), Richard Reid Nov 2025

Oshiro V. Oshiro [State Of Nevada], 141 Nev. Adv. Op. 59 (Nov. 26, 2025), Richard Reid

Nevada Supreme Court Summaries

No abstract provided.


Gill V. Gill, 141 Nev. Adv. Op. 58 (Nov. 26, 2025), Shahana Polselli Nov 2025

Gill V. Gill, 141 Nev. Adv. Op. 58 (Nov. 26, 2025), Shahana Polselli

Nevada Supreme Court Summaries

No abstract provided.


In The Matter Of The Parental Rights As To S.A.T., A Minor Child, 141 Nev. Adv. Op. 40 (Oct. 2, 2025), Collin Faught Oct 2025

In The Matter Of The Parental Rights As To S.A.T., A Minor Child, 141 Nev. Adv. Op. 40 (Oct. 2, 2025), Collin Faught

Nevada Supreme Court Summaries

THE COURT DETERMINED UNDER N.R.S. § 128.105 THAT TOKEN EFFORTS ALONE CANNOT SUPPORT PRIVATE TERMINATION OF PARENTAL RIGHTS AND THAT SILENCE DOES NOT ADMIT FAULT.


In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain Jul 2025

In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain

Nevada Supreme Court Summaries

In a decisive decision, the Nevada Supreme Court held that convicted felons are not automatically disqualified from acting as a legal guardian.


In Re: Parental Rights As To R.A.S., 141 Nev. Adv. Op. 20 (Apr. 24, 2025), Sierra Bergquist Jul 2025

In Re: Parental Rights As To R.A.S., 141 Nev. Adv. Op. 20 (Apr. 24, 2025), Sierra Bergquist

Nevada Supreme Court Summaries

TERMINATION PETITIONS INITIATED BY PRIVATE PARTIES REQUIRE SPECIFIC CONSIDERATIONS THAT DIFFER FROM STATE-INITIATED PETITIONS


In Re: A.T., A Minor, 141 Nev. Adv. Op. 32 (Jun. 12, 2025), Kayla Snowden Jul 2025

In Re: A.T., A Minor, 141 Nev. Adv. Op. 32 (Jun. 12, 2025), Kayla Snowden

Nevada Supreme Court Summaries

A no-contest plea may serve as an admission in a child protection hearing over the objection of the district attorney in favor of avoiding delays in the absence of a denial of allegations.


A Right To Be Born?: What Dobbs Could Mean For Artificial Reproductive Technologies, Stewart Chang Jan 2025

A Right To Be Born?: What Dobbs Could Mean For Artificial Reproductive Technologies, Stewart Chang

Scholarly Works

No abstract provided.


The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg Sep 2024

The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg

Nevada Law Journal

No abstract provided.


Martin V. Martin, 138 Nev. Adv. Op. 78 (Dec. 01, 2022), Caitlin Gwin Jan 2023

Martin V. Martin, 138 Nev. Adv. Op. 78 (Dec. 01, 2022), Caitlin Gwin

Nevada Supreme Court Summaries

In this decision authored by Justice Stiglich, the Court held that a property settlement incident to a divorce decree is enforceable when it requires a divorcing veteran spouse to make payments from military disability pay. Although federal law prohibits state courts from awarding veteran disability pay in a divorce, the Court found an indemnification provision in a property settlement resulting in the payment of disability pay was enforceable because the parties had previously negotiated and agreed to the terms. While the Court would not have been able to award veteran disability pay as part of a property settlement, the divorcing …


Matkulak V. Davis, 138 Nev. Adv. Op. 61 (Sept. 01, 2022), Sam Pope Sep 2022

Matkulak V. Davis, 138 Nev. Adv. Op. 61 (Sept. 01, 2022), Sam Pope

Nevada Supreme Court Summaries

Deviations from the Nevada Administration Code’s framework for calculating a parent’s base child support obligations may not exceed the party’s total obligation. Furthermore, a district court’s decision to award reasonable attorney fees and costs will stand absent an abuse of discretion. Here, the district court deviated from NAC 425.150(1)’s framework and increased the appellant’s child support obligation by nearly $2,000 per month over NAC 425.140’s base child support obligation. This deviation exceeded the appellant’s monthly total obligation which the district court calculated to $823.04. Therefore, the Supreme Court of Nevada reversed the district court’s decision and remanded with instructions to …


Martinez V. Avila, Jr., 138 Nev. Adv. Op. 49 (June 30, 2022), Candace Mays Jul 2022

Martinez V. Avila, Jr., 138 Nev. Adv. Op. 49 (June 30, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court of Nevada reviewed a district court’s decision granting legal paternity to the biological father of a child over the objection of the person who assumed paternity over the child pursuant to a Voluntary Parenting Agreement. The Court held that while paternity can be established and memorialized through written instruments, biological paternity is supreme.


The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney Cross Jan 2020

The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney Cross

Scholarly Works

People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. Meanwhile, people who fail to disclose their positive status prior to engaging in sexual acts-even acts that carry low to no risk of infection-can be prosecuted and incarcerated for exposing their partners to HIV. Although both partner notification laws and criminal HIV exposure laws were ostensibly created …


Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich Sep 2019

Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich

Nevada Supreme Court Summaries

The Court determined that under NRS 3.2203 (1) an order determining physical custody of a child satisfied the dependency or custody prong for Special Immigrant Juvenile predicate findings; and (2) in order to determine predicate findings, the reunification prong is satisfied where the juvenile cannot reunify with at least one parent.


Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida Oct 2018

Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida

Nevada Supreme Court Summaries

The Court determined the presumption under NRS § 432B.550(5)(a), that a child’s best interest is to be placed together with the siblings of the child, also applies to adopted children. Further, the Court held adoption does not sever a biological sibling relationship for purposes of NRS § 432B.550(5)(a).


From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez Sep 2018

From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez

Nevada Law Journal

No abstract provided.


In Re Parental Rights As To S.L., 134 Nev. Adv. Op. 59 (Aug. 2, 2018), Maliq Kendricks Aug 2018

In Re Parental Rights As To S.L., 134 Nev. Adv. Op. 59 (Aug. 2, 2018), Maliq Kendricks

Nevada Supreme Court Summaries

The Court determined that termination of parental rights is valid when parents fail to take necessary remedial action for reunification with their children and the termination is in the best interest of the children pursuant to NRS 128.105(1)(a).


In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick May 2018

In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick

Nevada Supreme Court Summaries

The Court held that once parental rights have been terminated, NRS 128.110(2) is the appropriate standard for applying the familial placement preference—not NRS 432B.550(5).


Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting Mar 2018

Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting

Nevada Supreme Court Summaries

When the parents share joint physical custody of one minor child but one of the parents has primary physical custody of the other minor child, the district court must use additional steps in order to properly utilize the statutory child support formula. Further, the courts must make specific findings of fact if they deviate from the standard statutory formula.


Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang Jan 2018

Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang

Scholarly Works

No abstract provided.


Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm Dec 2017

Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm

Nevada Supreme Court Summaries

The Court determined that district court’s focus—in a child custody case regarding educational placement—must remain on the child’s best interest and not on the religious objections made by a parent. Specifically, the Court found that the district court abused its discretion by (1) treating one parent’s religious objection as dispositive; (2) failing to conduct an evidentiary hearing; and (3) failing to support its order with specific, factual findings.


Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert Dec 2017

Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert

Nevada Supreme Court Summaries

The Court held that the district court properly exercised its discretion in allowing illegally recorded conversations to be used by a court appointed child psychologist to evaluate a child’s welfare in a custody case.


In Re Parental Rights As To T.L., 133 Nev. Adv. Op. 97 (Dec. 7, 2017), Steven Kish Dec 2017

In Re Parental Rights As To T.L., 133 Nev. Adv. Op. 97 (Dec. 7, 2017), Steven Kish

Nevada Supreme Court Summaries

The Court determined that parents who have terminated their parental rights do not have standing to challenge a district court’s placement of their child.


Yu V. Yu, 133 Nev. Adv. Op. 90 (Nov. 22, 2017), Samantha Scofield Nov 2017

Yu V. Yu, 133 Nev. Adv. Op. 90 (Nov. 22, 2017), Samantha Scofield

Nevada Supreme Court Summaries

Though vexatious litigant determinations are not independently appealable, they may be considered on appeal when included in an otherwise appealable order.


In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl Oct 2017

In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).


Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez Sep 2017

Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez

Nevada Supreme Court Summaries

The Court held that, without notice, a permanent change to custody and visitation violates due process rights, and the affected party must be given the opportunity to respond and rebut the evidence. Further, when the district court conducts an alternative interview with a child, the interviews must be recorded and comply with the Uniform Child Witness Testimony by Alternative Methods Act.


In Re: Parental Rights As To R.T., K.G-T., N.H-T. And E.H-T, 133 Nev. Adv. Op. 38 (June 29, 2017), Brittni Griffith Jun 2017

In Re: Parental Rights As To R.T., K.G-T., N.H-T. And E.H-T, 133 Nev. Adv. Op. 38 (June 29, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal based on the termination of an individual’s parental rights. The Court held that “[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.” Relying on previous decisions, the Court confirmed that poverty may not be a factor when it determines “parental fault,” but the Court may consider a parent’s compliance with a case plan. Here, the Court reaffirmed the district court’s decision because it relied on “substantial evidence” that Appellant did not follow her case plan, despite …


Nguyen V. Boynes, 133 Nev. Adv. Op. 32 (June 22, 2017), Angela Lee Jun 2017

Nguyen V. Boynes, 133 Nev. Adv. Op. 32 (June 22, 2017), Angela Lee

Nevada Supreme Court Summaries

The Nevada Supreme Court held that granting joint legal and physical custody to the non-adoptive parent in a same-sex couple adoption does not violate the equitable adoption doctrine or the equal protection clauses of the United States and Nevada State Constitutions.


Vaile V. Porsboll, 133 Nev. Adv. Op. 30 (June 22, 2017), Stephanie Glantz Jun 2017

Vaile V. Porsboll, 133 Nev. Adv. Op. 30 (June 22, 2017), Stephanie Glantz

Nevada Supreme Court Summaries

Nevada child support order controls Norway order when the parents filed for divorce in Nevada, even though the children reside in Norway. Additionally, the Nevada Supreme Court has jurisdiction to hold the parent in contempt and to impose sanctions for failure to meet his or her child support obligations.