The Supreme Court of Nevada recently issued its ruling in Bluestein v. Bluestein.  Before Bluestein, a party could seek reclassification of joint physical arrangement to one of primary if it could be shown that one party has de facto primary physical custody, i.e. the other party did not exercise custody at least 40% of the time over the past calendar year.  As long as such a reclassification was in the best interest of the child, the modification could occur without a trial. Bluestein however, seems to undermine the importance of de facto primary physical custody and relegates that status to merely that of a “tool”  to be used by the district court in a trial to modify custody. Thus, it appears as if an often used route to custody modification has been eliminated or severely truncated.  Best interest of the child remains the sole, or paramount consideration for custody modification.

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