May 27, 2026, Oral Arguments
Backman vs. Gelbman (Child Custody) c/w 91070
Las Vegas – 1:30 p.m. – Court of Appeals
Backman vs. Gelbman (Child Custody) c/w 91070
Docket No. 88482-COA
Las Vegas – 1:30 p.m. – Court of Appeals
Appellant challenges a post-decree child custody modification and related attorney-fee award concerning the parties’ minor child with parties that initially shared joint legal and physical custody. In 2023, appellant moved to relocate with the child to Texas, and respondent opposed relocation and sought primary physical custody.
During the proceedings, appellant stipulated to vexatious-litigant status, and the district court appointed a custody evaluator. Based in part on the custody evaluator’s interim recommendations, the court temporarily suspended appellant’s contact with the child pending a full hearing. After an evidentiary hearing, the district court denied relocation, awarded respondent primary physical custody, and continued joint legal custody while granting respondent final decision-making authority over the child’s education and medical and mental-health care. In a later order, the district court also awarded respondent $2,000 in attorney fees for defending against appellant’s subsequent emergency motion to change custody that the court ultimately denied.
On appeal, the issues are whether the district court erred or abused its discretion (1) in modifying custody without an adequate substantial-change in circumstances finding; (2) in its best-interest conclusions, including its denial of a request for appointment of a parenting coordinator; (3) in allocating substantial legal decision-making authority to respondent; (4) in relying on the testimony of a purportedly biased custody evaluator; (5) in considering appellant’s vexatious-litigant stipulation; (6) in awarding attorney fees; and (7) in its determination as to the amount of attorney fees.