In December 2000, Appellant Melinda Ellis (“Melinda”) and Respondent Roderic Carucci (“Roderic”) divorced. The divorce decree named both parties as joint legal custodians over their daughter, Geena. Further, the decree named Melinda as primary physical custodian with Roderic having liberal visitation rights. In 2004, after noticing a significant decline in Geena’s school performance, Roderic filed a motion with the district court requesting a custody modification. The district court considered the parties’ testimony and Geena’s elementary school teacher’s testimony. Further, the parties stipulated that a family evaluation would be conducted and a report submitted to the court. The evaluator recommended Geena receive equal support from both parents. The district court ordered custody modified, and named the parties joint physical custodians. On appeal, the Nevada Supreme Court affirmed the district court’s ruling, and altered the test used to decide child custody modifications. The goal of the newly designed test is to further the court’s foremost concern in child custody cases; the best interest of the child.
Hernandez, Krystallin, "Summary of Ellis v. Carucci, 123 Nev. Adv. Op. No. 18" (2007). Nevada Supreme Court Summaries. 491.