Ellen and michael bluestein arrested

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Modifying custody agreements

On appeal, we must decide whether the district court properly modified an agreed-upon custodial arrangement in accordance with Rivero, 125 Nev. 410,216 P.3d 213; NRS 125.480(1); and NRS 125.510(2). Id. The district court concluded that the parties had intended a joint physical custody arrangement and thus ordered a modification to give the parties an equal timeshare.

Further, when a party is seeking a modification to the custodial designation solely to receive a decrease in his or her child support obligation, it is vital that the district court consider whether such modification is in the child's best interest. Regardless of this guideline, we reiterated that in custody matters, the child's best interest is paramount.

the sole consideration of the court is the best interest of the child.’ ” Id. at 423, 216 P.3d at 223 (alteration in original) (quoting NRS 125.480(D) ). Here, the mother requested that the district court modify the joint custody designation to provide her with primary physical custody because the father did not have the child at least 40 percent of the time under the parties' custodial agreement.

Wallace, 112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996) (this court reviews a district court's decision concerning custody for an abuse of discretion). Based on that evidence and the timeshare set forth in the parties' agreement, the district court entered an order concluding that Ellen had primary physical custody of the child because Michael had the child only 38.393 percent of the time.

While a joint physical custody arrangement presumes a 50/50 timeshare, this court acknowledged that “there must be some flexibility in the timeshare requirement.” Rivero, 125 Nev. at 424–25, 216 P.3d at 223–24.

Rivero provided a guideline to assist courts in determining when a timeshare arrangement qualifies as joint physical custody.

Public policy encourages parents to enter into private custody agreements for co-parenting. Id. at 426, 216 P.3d at 224 (explaining that “we adopt this guideline to provide needed clarity for the district courts” (emphasis added)). See NRS 125B.070; NRS 125B.080; Rivero, 125 Nev. at 436,216 P.3d at 231.

The district court held a hearing on Ellen's motion and considered, among other evidence, the child's statement that for as long as the child could remember, Michael's custodial time lasted from 5 p.m.

This Official Arrest Record was reported on July 18, 2006. The person named in this listing has only been arrested on suspicion of the crime indicated and is presumed innocent.

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