Nance v. Ferraro

The district court in this custody modification and child relocation action abused its discretion by granting a motion in limine to exclude evidence of domestic violence under McMonigle v. McMonigle, 887 P.2d 742 (Nev. 1994), and Castle v. Simmons, 86 P.3d 1042 (Nev. 2004).Father moved to modify custody and relocate the parties’ child. When Mother opposed the motion, Father filed a motion in limine to exclude facts that occurred before the prior custody order was entered. The district court granted the motion. Thereafter, the court granted Father’s motion, determining that the parties had been exercising joint physical custody. The Supreme Court reversed, holding (1) McMonigle and Castle do not bar the district court from reviewing the facts and evidence underpinning its prior rulings or custody determinations in deciding whether the modification of a prior custody order is in the child’s best interest and do not prohibit parties from presenting previously known domestic violence evidence defensively to show modification is not in the child’s best interest; and (2) the district court abused its discretion by determining that the parties shared joint physical custody and granting Father’s motion to modify custody and relocate the minor child without considering the domestic violence evidence in determining the child’s best interest. View "Nance v. Ferraro" on Justia Law