CAMPBELL VS. CAMPBELL (CHILD CUSTODY)
Aug 19, 202691924-COA · Nevada (SCOTN/COA)
Affirmed. ("ORDER the judgment of the district court AFFIRMED.")This case involves two parents who divorced in 2023 and originally agreed to share custody of their two young children fifty-fifty (called "joint physical custody"). They had lived together in Fallon, Nevada. After the divorce, the father, Camron, moved to Elko County. Because of the long distances involved, exchanging the children for parenting time became difficult, and the parents encountered challenges arising from the older child's behavioral and medical issues.
In 2025, Camron asked the district court to give him primary physical custody — meaning the children would live mainly with him. The mother, Hannah, opposed that request, said it was not in the children's best interest, and asked the court to adjust the parenting-time schedule to account for the distance between the parents.
The court held an evidentiary hearing where both parents testified, along with several of the older child's care providers, both grandmothers, and a court-appointed investigator who had prepared a custody evaluation. After the hearing, the court denied Camron's request and instead awarded Hannah primary physical custody, while keeping joint legal custody (the parents still share major decision-making). The court gave Camron one weekend of parenting time per month, with exchanges in Winnemucca, daily phone calls, a holiday and vacation schedule, and five weeks of parenting time during summer break.
On appeal, Camron raised two main arguments. First, he said his right to due process — his right to fair notice and a chance to be heard — was violated because Hannah never actually asked for primary physical custody; she wanted to keep the joint arrangement. The Court of Appeals rejected this. It explained that when a parent asks a court to change custody, Nevada law requires the court to decide the matter based on the children's best interest, and that an award of primary custody to the other parent is one of the possible outcomes. Because Camron himself put custody in front of the court and had a full chance to testify and present his position at the hearing, he had both notice and an opportunity to be heard.
Second, Camron argued the court's factual findings were not backed by adequate evidence. He pointed to claims that Hannah did not consult him about the children's medical and educational issues, did not always ensure he got his parenting time, and had mental health difficulties. The Court of Appeals explained that it does not re-weigh the evidence or second-guess which witnesses the trial judge found believable. It reviewed the district court's findings — including the older child's medical treatment in Fallon, Hannah's role as the day-to-day caregiver and coordinator of that treatment, the children's close bond with their maternal grandmother, and the presence of a younger half-sibling — and concluded those findings were supported by evidence a reasonable person could accept. The court had reviewed the statutory best-interest factors, found six favored Hannah and the rest neutral or irrelevant, and connected those findings to its custody decision. Finding no abuse of discretion, the Court of Appeals affirmed.