Michelle Rivero, Appellant v. Elvis Rivero, Respondent

Summary

The court withdrew its earlier opinion, denied rehearing, and held that Nevada law governs the classification of a custody arrangement once a party seeks modification. It adopted a 40-percent-per-parent threshold for joint physical custody, required specific factual findings before modifying custody or child support, affirmed the denial of judicial disqualification, and reversed the attorney-fee sanction. The case was remanded for renewed custody, support, and attorney-fee proceedings. PICKERING, J., concurring in part and dissenting in part, would have upheld the family court's practical adjustment of the timeshare and its refusal to modify support, while agreeing with the disqualification ruling.