Document Type
Case Summary
Publication Date
10-30-2023
Case Synopsis
The Nevada Supreme Court ruled that when it comes to disputes over medical treatment for children of parents with joint legal custody, the most appropriate standard is the best-interest-of-the-child standard. To determine the best interests of a child, the Court recommended a factor test to weigh the treatment’s potential harm, whether the child’s doctor recommends the treatment, the treatment’s potential risks, and the child’s preferences, depending on their age. Here, the Court applied that test and ruled that a doctor’s recommendation, judicial notice of findings from the CDC, and the potential risks of contracting COVID-19 were sufficient for a parent to establish that vaccination was in the child’s best interest, even if the other parent disagreed.
Recommended Citation
Meschkow, Alisha, "Kelley v. Kelley, 139 Nev. Adv. Op. 39 (Sep. 28, 2023)" (2023). Nevada Supreme Court Summaries. 1609.
https://scholars.law.unlv.edu/nvscs/1609