Cotto v. Purdum (Child Custody)

• Court: Nevada Supreme Court
• Decided: July 24, 2014
• Docket: 63468
• Status: Unpublished

Opinion

by the noncustodial parent is virtually precluded." See Cook v. Cook, 111 Nev. 822, 826, 898 P.2d 702, 705 (1995) (internal quotation marks omitted). This threshold requirement is met when the requesting parent can demonstrate "a sensible, good faith reason for the move." Id. at 827, 898 P.2d at 705 (internal quotation marks omitted). Here the recordS indicates that appellant originally requested to relocate to Utah, before modifying her request to seek relocation to Colorado Springs, Colorado. Nevertheless, while appellant requested to relocate to Colorado Springs, she testified that she had never been to Colorado Springs, had never seen the home where she and the child were going to reside, and had not applied for schooling or explored job opportunities there. At the time, appellant had a permanent full-time job in Nevada. Further, appellant testified that her relocation to Colorado Springs was her parents' idea and that she would be residing with them. Yet, her parents had just relocated to Colorado Springs for her father's three-year assignment with the United States Air Force. Having considered the parties' arguments and the record on appeal, we conclude that the district court's determination that appellant failed to establish a good-faith reason for the move is supported by substantial evidence and that the district court did not abuse its discretion in denying appellant's request to relocate to Colorado. See Wallace v. Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996) (providing that this court reviews district court child custody decisions for an abuse of discretion); see also Ogawa v. Ogawa, 125 Nev. 660, 668, 221 P.3d 699, 704 (2009) (explaining that a district court's factual findings are given

SUPREME COURT OF NEVADA 2 (0) 1947A deference and will not be set aside unless they are clearly erroneous or not supported by substantial evidence). Accordingly, we ORDER the judgment of the district court AFFIRMED. 1

, J.

p P . ering

Parra

'11 Saitta

cc: Hon. Egan K. Walker, District Judge Shawn B. Meador, Settlement Judge Kristi Beth Luna Gary M. Pakele Washoe District Court Clerk

'We have determined that this appeal should be submitted for decision on the fast track statement and response and the appellate record without oral argument. See NRAP 3E(g)(1); see also NRAP 34(0(1).

SUPREME COURT OF NEVADA 3 (0) 1947A es