Alyssa Williams

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Case Synopsis

The Nevada Court of Appeals interpreted the best interests provision of Nevada’s child relocation statute, NRS 125C.007(1). The Court questioned the relevant application of the custody best interest factors, as well as the applicable evidentiary standard. Because neither legislative history nor Nevada Supreme Court jurisprudence provided answers, the Court construed legislative intent based upon reasonability. The Court concluded that (1) the threshold relocation statute requires district courts to make specific findings regarding whether relocation is in the best interests of the child, to include the custody best interest factors, and tie those findings to its ruling; and (2) the appropriate burden of proof is preponderance of the evidence.