May 29, 2024, Oral Argument
Casas-Gonzalez vs. Rios (Child Custody)
Las Vegas – 11:00 a.m. – Court of Appeals
Casas-Gonzalez vs. Rios (Child Custody)
Docket No. 87190-COA
Las Vegas – 11:00 a.m. – Court of Appeals
Virginia Casas-Gonzales and James Rios were married. They are now divorced and share three minor children. Virginia had primary physical custody of the children for most of their lives and shared joint legal custody with James. Virginia and the children resided in Reno while James resided in Fallon. James filed a motion for a change of custody and requested that he be awarded sole physical custody of the children. Following an evidentiary hearing on the motion, the district court granted James’s motion in part and awarded James primary physical custody. Virginia was granted supervised parenting time with the children once a month following a three-month suspension of parenting time. Additionally, Virginia and James maintained joint legal custody, but Virginia was only awarded information rights and James is to make all day-to-day and major decisions regarding the children.
Virginia now appeals the district court’s order. The issues on appeal include whether (1) the district court abused its discretion when it modified custody based on allegedly inadmissible and improper evidence; (2) the district court erred when it ordered Virginia to undergo a psychological evaluation; (3) the district court abused its discretion when it restricted Virginia’s parenting time and essentially awarded James sole physical custody; (4) the district court denied Virginia a fair trial; and (5) the district court abused its discretion when it allowed the children to relocate with James to Fallon without considering the statutory relocation factors.