April 25, 2023, Oral Arguments
Rowberry vs. Rowberry (Child Custody)
Las Vegas – 11:00 A.M. – Court of Appeals
Rowberry vs. Rowberry (Child Custody)
Docket No. 85076-COA
Las Vegas – 11:00 a.m. – Court of Appeals
The parties were divorced several years ago and have two children together. Appellant was previously given primary physical custody and allowed to relocate to Arizona with the children. Her new husband is in the military and was redeployed to Texas. The adults moved to Texas prior to seeking permission to relocate (this event occurred prior to the determination in Pelkola v. Pelkola requiring district court approval of subsequent child relocations). Eventually the children who were with respondent in Las Vegas joined appellant in Texas. Appellant filed a motion for relocation that respondent opposed, and he filed a motion for change in physical custody. The district court ultimately ruled in favor of respondent on both motions. The issues on appeal are whether: (1) the district court applied an illegal theory of child custody law when it changed custody; (2) the district court abused its discretion in excluding appellant’s Texas evidence following relocation from Arizona to Texas; (3) the district court abused its discretion in determining one of the children was the victim of domestic violence; (4) the district court made factual findings and legal conclusions unsupported by substantial evidence; and (5) Pelkola should be limited in its application to subsequent relocations following an order granting an initial relocation.