Justia Family Law Opinion Summaries

The Supreme Court reversed the district court's denial of Appellant's petition for guardianship of her nephew, holding that the district court evaluated under the incorrect standard Appellant's request for predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of Homeland Security.In her petition, Appellant requested that the district court make the predicate factual findings for an individual to apply for SIJ status, including a finding that reunifying her nephew with his mother in his country of origin was not viable due to abuse or neglect. The district court denied the request after applying the heightened standard of proof applicable in proceedings for the termination of parental rights under Nev. Rev. Stat. Chapter 128. The Supreme Court reversed, holding that a party requesting predicate factual findings under Nev. Rev. Stat. 3.2203 need only show that such findings are warranted by a preponderance of the evidence. View "In re Guardianship of B.A.A.R." on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court refusing to find that a minor child's reunification with Father was not viable for purposes of Special Immigrant Juvenile (SIJ) findings, holding that the court correctly awarded Mother custody but did not properly construe the controlling statute in determining whether reunification was not viable.After the child relocated to the United States to live with Mother, Mother filed the underlying custody action seeking primary physical and legal custody of the child and requesting that the district court make the necessary findings for the child to seek SIJ status. The district court awarded Mother custody but refused to find that reunification was not viable due to abandonment. The Supreme Court reversed in part, holding (1) in addressing whether reunification is not viable for the purpose of SIJ findings, a court should consider the conditions in the child's foreign country, the history of the parent-child relationship, and whether returning the child to the parent in the foreign country would be workable or practicable due to abandonment, abuse, or neglect; and (2) the district court did not apply the proper legal framework in concluding that it could not find that reunification was not viable. View "Lopez v. Serbellon Portillo" on Justia Law

In this real property dispute, the Supreme Court clarified that its holding in Davidson v. Davidson, 382 P.3d 880 (Nev. 2016), does not apply to claims for enforcement of real property distribution in divorce decrees.The Supreme Court held in Davidson that the six-year statute of limitations in Nev. Rev. Stat. 11.190(1)(a) applies to claims for enforcement of a property distribution provision in a divorce decree. In the instant case, Appellant sought to partition real property that a divorce decree from nine years earlier awarded to Respondent as separate property. Appellant argued that the decree expired pursuant to Davidson, which precluded Respondent from enforcing his distribution rights under the decree and rendered the property still held in joint tenancy subject to partition. The district court granted summary judgment and quieted title in favor of Respondent. The Supreme Court affirmed, holding (1) section 11.190(1)(a) unambiguously excludes from its purview actions for recovery of real property, and therefore, Davidson did not apply; (2) Respondent was not required to renew the divorce decree pursuant to Nev. Rev. Stat. 17.214 to enforce his real property rights; and (3) Appellant's partition claim was barred by claim preclusion. View "Kuptz-Blinkinsop v. Blinkinsop" on Justia Law

The Supreme Court held that it does not have jurisdiction to review a district court order denying a request for a joint preliminary injunction pursuant to EDCR 5.517 in a family law matter because no court rule or statute permits an appeal of a district court order denying a request for a joint preliminary injunction.After Husband filed for divorce, the clerk of court issued a joint preliminary injunction pursuant to EDCR 5.85 prohibiting the parties from disposing of any property subject to any community interest claim. After the district court issued a divorce decree the Supreme Court remanded the case to conduct proper tracing to determine community interests. On remand, Wife moved for the district court to reaffirm its prior joint preliminary injunction pursuant to EDCR 5.517. The district court issued a preliminary injunction for two assets subject to community property claims but declined to extend the injunction to other assets in a spendthrift trust. Wife appealed. The Supreme Court dismissed the appeal, holding that joint preliminary injunctions under EDCR 5.517 are not subject to Nev. R. Civ. P. 65, and therefore, orders denying or granting injunctions under EDCR 5.517 are not appealable under Nev. R. App. P. 3A(b)(3). View "Nelson v. Nelson" on Justia Law

In this case involving the extent to which a judgment debtor's rights of action are subject to execution to satisfy a judgment the Supreme Court held that a judgment debtor's claims that are unassignable cannot be purchased at an execution sale.Respondents filed a motion to substitute themselves in place of Appellants and to voluntarily dismiss this appeal because they purchased Appellants' rights and interests in the underlying action at a judgment execution sale. The Supreme Court denied the motion in part and granted the motion in part, holding (1) because Appellants' claims for fraud and elder exploitation were personal in nature, they were not assignable and not subject to execution at a sheriff's sale, and therefore, Respondents did not purchase the rights to these claims at the execution sale; and (2) Appellants' claims of negligent misrepresentation and breach of contract were assignable and subject to execution, and therefore, this appeal is dismissed as to these claims. View "Reynolds v. Tufenkjian" on Justia Law

The Supreme Court affirmed the district court's distribution of community property upon the divorce of Richard Kilgore and Eleni Kilgore, holding that a district court has significant discretion when determining whether to grant or deny a non-employee spouse's request for pension payments before the employee spouse has retired.On appeal, Richard argued that the district court (1) abused its discretion in concluding that Eleni was entitled to her community property share of his pension benefits even though he had not yet retired, reduced the amount to a judgment, and ordered him to pay Eleni a monthly amount it deemed fair, and (2) erred when it concluded that his vacation and sick pay were omitted from the divorce decree and thereafter divided them equally between the parties. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in granting Eleni's request for pension payments before Richard retired; and (2) did not err in considering the omitted assets and dividing them equally between the parties. View "Kilgore v. Kilgore" on Justia Law

The Supreme Court reversed the order of the district court denying Appellant's motion to make three predicate findings necessary to petition to petition the federal government for special immigrant juvenile (SIJ) status after awarding sole physical custody of A.A. to Appellant, holding that a child custody order satisfies the dependency or custody prong for SIJ predicate findings.The district court concluded that Appellant did not satisfy the first two predicate SIJ findings because the court did not "appoint" Appellant to have custody over A.A. and that Appellant did not prove that A.A. was unable to reunify with both parents, rather than with just her father. The Supreme Court reversed, holding (1) a child custody order can satisfy the first predicate SIJ finding requiring a person to be "appointed" to have custody over a juvenile; (2) the second predicate SIJ finding can be made where reunification is not viable with one parent due to abuse, abandonment, neglect, or other similar basis under Nevada law; and (3) because the district court reached the opposite conclusions and failed to determine whether the third predicate was met, the case must be remanded for further adjudication. View "Amaya v. Rivera" on Justia Law

In this divorce action, the Supreme Court affirmed in part and reversed and remanded in part the district court's award of alimony not based on need and unequal distribution of the parties' community property due to one spouse's extramarital affairs, gifts to family, and excess spending, holding that the alimony award was an abuse of discretion.The martial estate in this case was approximately $47 million. Wife received nearly $21 million in the divorce decree and Husband received just under $14 million. The district court also awarded Wife alimony in the lump sum of $1,630,292. The Supreme Court reversed, holding (1) the alimony award was improper because Wife's share of community property will produce passive income sufficient to maintain her marital standard of living; and (2) community funds spent on extramarital affairs were dissipated such that the district court the district court had a compelling reason to make an unequal disposition of community property, but the unequal disposition of property based on Husband's everyday consumption must be reversed. View "Kogod v. Cioffi-Kogod" on Justia Law

In this matter where the adoptive family of a young child sought to have Nev. Rev. Stat. 432B.550(5)(a)’s rebuttable presumption that a dependent child’s placement with a sibling is in the child’s best interes- applied in determining the out-of-home placement of her biological baby sister, the Supreme Court granted in part Petitioners’ petition for extraordinary relief, holding that adoption does not preclude application of the legislative presumption that placing siblings together is in a child’s best interest.Amy Mulkern, the adoptive mother of Baby’s biological half-sister, Vivian Mulkern, was a willing and approved placement option for Baby. The Clark County Department of Family Services (DFS), however, determined that Baby had bonded with and should remain with her foster parents, who were also willing to adopt. Amy sought relief in the district court dependency proceeding. The district court determined that Vivian’s adoption severed the sibling relationship such that section 432B.550(5)(a)’s sibling presumption did not apply. The Supreme Court granted Amy and Vivian’s petition for extraordinary relief, holding that because Amy was the mother of Baby’s biological sister, the rebuttable sibling presumption applied. View "Mulkern v. Eighth Judicial District Court" on Justia Law

The Supreme Court held that although parents in a termination of parental rights proceeding cannot be compelled to admit to abuse of their children, they can be required to engage in meaningful therapy designed to ensure the children’s safety if returned to the home.The district court terminated the parental rights of Appellants because their oldest child was abused while in their home, the younger children witnessed the abuse and were directed to lie about it, and, while in therapy, Appellants insisted that the child’s injuries were self-inflicted. Appellants appealed, arguing that their Fifth Amendment rights against self-incrimination were violated because the termination of parental rights was based on their refusal to admit to the abuse. The Supreme Court affirmed, holding (1) the district court’s findings of parental fault did not violate Appellants’ Fifth Amendment rights because Appellants did not engage in meaningful therapy and did not demonstrate the insight and behavioral changes necessary to protect the children from future abuse; (2) the district court’s findings of parental fault were supported by substantial evidence; and (3) termination was in the children’s best interests. View "In re Parental Rights as to S.L." on Justia Law