Tuesday, May 24, 2022 - Court of Appeals

Garver vs. Garver (Child Custody)
Docket Number: 82471-COA
Las Vegas (Videoconference) - 11:00 AM - Court of Appeals

Kory Garver and Crystal Coleman were married and have one minor child together. Kory filed for divorce and the district court issued a divorce decree, which awarded Crystal sole legal and physical custody of the child. At the trial held via Zoom, the district court found that Kory had engaged in domestic violence and invoked the statutory presumption against him receiving custody. Further, the court was unable to discuss any parenting time for Kory because of Kory’s actions during the Zoom hearing. Therefore, the decree did not order parenting time but invited Kory to file a motion seeking a parenting time schedule.

ISSUES:

On appeal, Kory challenges the district court's award of sole legal custody to Crystal arguing that the district court merely found that the parties could not cooperate. Kory further challenges the award of sole physical custody without parenting time, disputing the underlying district court factual findings, and arguing that the award violates his constitutional rights and public policy because it is tantamount to a termination of his parental rights. Crystal contests all of Kory’s arguments.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.