In 2009, The Supreme Court of Nevada, in the Rivero v. Rivero case created a bright line 40% threshold of “custodial time” over an applicable look back period that a parent must exercise in order to maintain, or obtain, joint physical custody. Although a trial court must still make specific findings concerning best interest of the child, the Rivero case created an alternative method of modifying custody orders by looking back to determine how much custody time a parent has actually utilized. However, Rivero did not precisely determine how custodial time is defined.  The Court is expected to refine (and define) it’s holding in Rivero in the upcoming Bluestein case, recently argued before the Court.

Stay tuned for analysis of this important new case.

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