August 15, 2023, Oral Arguments
Franklin vs. Franklin (Child Custody)
Carson City –1:30 p.m. – Cadish/ Pickering/ Bell
Franklin vs. Franklin (Child Custody)
Docket No. 84334
Carson City –1:30 p.m. – Cadish/ Pickering/ Bell
This is an appeal and cross-appeal from a district court divorce decree granting the parties joint physical custody over their children and a post-decree order denying a motion to amend. Appellant argues that the district court abused its discretion by applying an incorrect legal standard and overlooking evidence when it did not find by clear and convincing evidence that respondent had engaged in acts of domestic violence against appellant, which would have created under NRS 125C.003(1)(c) a presumption that joint physical custody is not in the best interest of the children. Appellant also challenges the district court’s alimony decision, its division of community property and debt, and its award of attorney fees to respondent. Respondent cross-appeals challenging the portion of the decree that included promissory notes obtained by appellant for living expenses and attorney fees as a community debt.