Nevada family-law case summaries

This case involves a grandmother, Donna Gilmore, who asked a family court to make her the legal guardian of her three-year-old granddaughter. A guardianship is a legal arrangement in which a court gives one person the authority and responsibility to care for another person who cannot fully care for themselves - here, a young child. Gilmore filed her petition in May 2023. She claimed the child's mother, Monica Fears, could not properly care for the child because Fears was often homeless, lacked steady work and a vehicle, and had a substance abuse problem. She also noted that the child's father was in jail and could not care for the child. Gilmore said the child had been living with her since May 2022, and she asked the court for temporary guardianship until the case was decided. The court granted the temporary guardianship while it looked into the situation. The court later held an evidentiary hearing - a hearing where witnesses testify and evidence is presented so the judge can make findings of fact. Both women testified. Gilmore said she often babysat the child while Fears worked and disagreed with Fears' choices about who else babysat the child. Fears testified that the child had not moved in with Gilmore; instead, Gilmore had simply been the babysitter while Fears worked night shifts. Fears said she had a full-time job as a restaurant server, also worked part-time as a tattoo artist, had a residence, took the child to medical care when needed, and had a plan for childcare through a housemate. Fears denied having a substance abuse problem. She also explained that she had fainted at work in May 2023 (later diagnosed as a syncope, a temporary loss of consciousness) and was hospitalized, after which Gilmore filed for guardianship and kept the child from her. Under Nevada law, the person asking to become a guardian must prove that the guardianship is necessary by "clear and convincing evidence," which is a demanding standard of proof. The district court found Gilmore did not meet that standard. The court found there was no evidence that Fears could not provide the child's basic needs, no evidence Fears had a drug or alcohol problem, and no evidence of crimes or domestic violence. The court also found that Gilmore had not proven the child was out of Fears' care for the six months before the petition was filed, so a legal presumption that a parent is unsuitable (which can apply when a child has been out of a parent's care for that long) did not apply. Because Gilmore did not prove Fears was unsuitable or that a guardianship was necessary, the court denied the petition and directed that the child be returned to Fears. On appeal, Gilmore argued the court got the facts wrong and that it should have found Fears unfit and found that the child had lived with her since May 2022. The Court of Appeals explained that it generally does not re-weigh evidence or second-guess the trial judge's decisions about which witnesses to believe. It concluded that the district court's findings were supported by the evidence. Gilmore also argued the judge was biased - that the judge asked demeaning questions, used a condescending tone, and had made up her mind before hearing all the evidence. The Court of Appeals rejected this claim, explaining that a judge's rulings and conduct during a case generally do not show disqualifying bias unless they stem from something learned outside the courtroom or reveal deep-seated hostility that would make a fair decision impossible. The court found the record showed the judge listened to the testimony and considered the evidence. The Court of Appeals affirmed the district court's decision.