Nevada family-law case summaries

Ken Nguyen and Robert Boynes were a same-sex couple who dated from November 2009 to May 2013. During the relationship, they decided to adopt a child together and went to Catholic Charities of Southern Nevada. At the time, Catholic Charities did not allow same-sex couples to adopt jointly, so according to Rob, the plan was for Ken to adopt first and Rob to adopt afterward as a second parent. Both men took part in the entire adoption process - background checks, classes, post-placement visits - and Rob even drafted the "birth mother letter" that helped them be selected. A child was placed with Ken in February 2013, and both men were there to receive the newborn. After the placement, the child spent most nights at Rob's house, Rob took the child to most doctor's visits, supplied most of the baby gear, and was listed as a father on the child's baptism certificate. The child's middle name is Rob's surname. But the men's relationship ended in May 2013. When Rob asked Ken to put him on the birth certificate, Ken refused. Ken finalized his own adoption alone in October 2013 and refused to let Rob complete a second-parent adoption. Rob then sued, asking the court to recognize him as a parent and to give him custody. The district court ruled for Rob, and Ken appealed. The Nevada Supreme Court affirmed. The Court applied a doctrine called "equitable adoption," which allows a court to enforce an adoption agreement when one person promised to adopt, the other relied on that promise, and a child would be harmed if the promise were broken. The Court had recognized this doctrine in a 1987 case (Frye v. Frye) and had declined to extend it in two later cases where the dispute was really about whether someone was the biological parent. Here, the Court said this case was different: neither Ken nor Rob is biologically related to the child, and the question was whether the two men had agreed to adopt together. The Court found substantial evidence that they had agreed, that Rob relied on Ken's promise, and that the child would be harmed by Rob's removal from his life. The Court also rejected Ken's claim that the district court treated him differently because he and Rob were a same-sex couple. The Court said child custody decisions are made case by case, and nothing in the record showed the result turned on the parties' sexual orientation. Finally, the Court affirmed the joint custody order. Ken had argued Rob was a "stalker" who sent harassing emails, which would trigger a presumption against giving custody to a perpetrator of domestic violence. The district court found only a single forwarded email tied to Rob, which it concluded was not enough to show "obsessed stalking behavior." Ken also accused Rob of destroying his computer to hide evidence; the district court found the proof inconclusive. The Supreme Court held substantial evidence supported those findings. Three justices - Justice Stiglich, Chief Justice Cherry, and Justice Hardesty - concurred. They would have reached the same outcome under Nevada's Parentage Act rather than under equitable adoption, relying on the Court's earlier decision in St. Mary v. Damon, which recognized that paternity statutes can apply in same-sex parentage cases.

Audria Ruscitti and Ian Druckman had a child together but never married. Shortly after the child's birth, Ian signed a voluntary acknowledgment of paternity — a legal document that establishes a man as a child's father without going to court. The couple lived together and raised the child jointly, and even discussed moving out of Nevada together, but they separated before doing so. After Ian moved out, Audria moved to California with the child for better job opportunities — without Ian's knowledge or consent. Ian then asked a Nevada court to order the child's return and to give him joint legal and primary physical custody. Audria asked the court to award her sole legal and primary physical custody and to let the child stay in California with her. The district court gave both parents joint legal custody, awarded Audria primary physical custody, and approved her relocation. Ian appealed. The central question was what custody rights unmarried parents have when paternity has been legally established but no court has ever issued a custody order. The Nevada Supreme Court held that in that situation, both parents have equal custody rights. Quoting the statute, the court emphasized that "The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents." NRS 126.031(1). The court also addressed Nevada's relocation statute, NRS 125C.200, which requires a custodial parent to get the other parent's consent or court permission before moving a child out of state. Because no court had ever awarded either parent primary physical custody, that statute technically did not apply. But the court held that its policy should still guide these situations: when parents have equal custody rights, one parent may not move the child out of state over the other parent's objection without a court order. The proper course is to file a motion for primary physical custody along with a request to relocate. A parent who moves the child unlawfully faces consequences — for example, the court deciding custody should not consider anything about the child's new life in the other state (new school, friends, or routine) when deciding what is best for the child. To get permission to relocate, a parent must first show "a sensible, good faith reason for the move." If that showing is made, the court then decides custody and relocation based on the child's best interest, incorporating five factors from an earlier case called Schwartz v. Schwartz — factors such as whether the move will improve the child's and parent's quality of life, whether each parent's motives are honorable, and whether the parent staying behind will have a realistic opportunity to maintain a meaningful relationship with the child. Applying these rules, the majority concluded the district court did not abuse its discretion. The court had found a good-faith reason for the move (Audria's job opportunities in California and the parties' earlier plans to move out of state together), had considered the relevant best-interest and Schwartz factors, and had not relied on any facts arising from the child's time in California. The Supreme Court therefore affirmed the custody and relocation rulings. However, it reversed the award of attorney fees imposed on Ian as a sanction for a supposedly frivolous motion to stay, concluding his motion "was based on reasonable grounds because he sought stability for his child," and remanded that issue for reconsideration. The court rejected as meritless Ian's additional arguments that the district court improperly limited his evidence and that the judge should be disqualified for bias. Two justices dissented. They agreed unmarried parents have equal custody rights, but argued Audria's removal of the child without Ian's consent or court permission was wrongful, that the district court should have weighed that conduct against her, and that the case should be sent back for a new custody determination.