Monday, March 7, 2022 - Full Court

Martinez vs. Avila, Jr. (Child Custody)
Docket Number: 83023
Carson City - 1:30 pm - Full Court

This is a fast-track appeal involving a paternity dispute and child custody.  This matter was previously before this court (Docket No. 77242), and this court reversed and remanded the matter to the district court for a DNA test and paternity determination under NRS Chapter 126. On remand, the district court ordered DNA testing and respondent was found to be the minor’s biological father.  The court then determined respondent is the legal father of the minor child, based on the statutory conclusive presumption of paternity due to the DNA test results.  The court further ordered joint custody between respondent and appellant Rosie, and ordered appellant Henry was now a third party in the matter and could seek visitation akin to grandparent visitation. Henry and Rosie jointly appealed the district court’s order.

ISSUES:

The following are the issues on appeal: 1. Whether the district court erred in interpreting the presumptions of paternity and concluding that Ignacio is the minor’s legal father under NRS Chapter 126; 2. Whether the district court erred by ordering joint custody without considering the Ellis v. Carucci standard for modifying custody and fully analyzing the NRS 125C.0035 factors; 3. Whether the district court erred by finding fraud as a basis to award Ignacio joint physical custody and set aside Henry’s parental rights; and 4.Whether the district court erred by holding the evidentiary hearing without a guardian ad litem for the minor child.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do