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Wednesday, June 4, 2014
Nevada Supreme Court Holds that Modification of Joint Child Custody Decree is warranted - BY: KERI R.
Link for opinion: https://a.next.westlaw.com/Document/I161b21707b9011e2bae89fc449e7cd17/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad7052000000146025944648357aba6%3FNav%3DCASE%26fragmentIdentifier%3DI161b21707b9011e2bae89fc449e7cd17%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=d884fa31a8aafc0de9a12c7bd3f1e876&list=ALL&rank=2&grading=na&sessionScopeId=479d8356c36d4608ea6b26f797636162&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29
Title: Nevada Supreme Court Holds that Modification of Joint Child Custody Decree is warranted.
Citation: Roo v. Roo, No. 60272, 2013 WL 621205, at *1-3 (Nev. Sup. Ct. Feb.15, 2013).
The Supreme Court of Nevada held in Roo v. Roo, No. 60272, 2013 WL 621205, at *1-3 (Nev. Sup. Ct. Feb.15, 2013) that mother should be awarded primary physical custody of minor child.
Parents shared joint physical and joint legal custody of their minor child pursuant to the 2007 divorce decree. On June 4, 2011, father picked up the minor child to begin his custodial time. Father then took the minor child to Portugal, with the intent to remain with the child in Portugal. Father also sent several disparaging letters to mothers’ family and friends, expressing his intention to permanently remove the child from mother and to live in Portugal. When mother discovered that father had taken their child to Portugal, she filed several motions in the district court seeking the return of the child. Father initially refused to return the child. Mother travelled to Portugal in an attempt to visit with the child but, father would not permit mother to see the child. Eventually father returned the child to Nevada.
The court held that father took the minor child to Portugal without informing mother of his plans. The court concluded father intended to deprive mother of a relationship with the parties’ child and hid the child from mother when mother attempted to visit child in Portugal. The court concluded father could not relocate the child outside of Nevada in 2011, and consequently violated his custodial rights by wrongfully removing the child from Nevada to Portugal.
The judge issued an order awarding primary physical custody to mother and setting supervised visitation for father,
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