CASTLE v. SIMMONS

No. 38989.

86 P.3d 1042 (2004)

Carol CASTLE, f/k/a Carol Simmons, Appellant, v. Jon SIMMONS, Respondent.

Supreme Court of Nevada.

April 1, 2004.


Attorney(s) appearing for the Case

David D. Loreman, Elko, for Appellant.

Easterly Armstrong & Lambert and John E. Lambert, Elko, for Respondent.

Before the Court En Banc.


OPINION

MAUPIN, J.

In this appeal, we primarily consider whether the district court, in granting a motion to change child custody, properly considered evidence of domestic violence that occurred before the parties' divorce decree was entered. We conclude that a party seeking to change custody may introduce evidence of domestic violence if he or she or the district court was unaware of the existence or extent of the conduct when the prior custody order...

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