Supreme Court reaffirms judge’s custody of son

Thursday, Aug. 21, 1997 | 9:03 a.m.

CARSON CITY -- The Nevada Supreme Court unanimously denied a petition to reconsider its decision that Clark County District Judge Donald Mosley should have joint custody with the mother of their 5-year-old son.

The court said it "resolved the substantive custody issues" in its Jan. 3 ruling that Mosley and Terry Marie Figliuzzi should share the custody of Michael Mosley.

Figliuzzi had petitioned for a re-hearing on the case but the court said that was "unwarranted."

In January, the Supreme Court, in a 3-2 decision, overturned a District Court decision that gave full custody to Figliuzzi. The majority said that Mosley had not been provided adequate notice of the court hearing after Figliuzzi filed a motion to end joint custody.

The first decision noted there was constant conflicts between Mosley and the mother. It said that should not be reason enough for the father to lose custody.

In the decision, issued Tuesday, the court said it was wrong in its January decision when it ruled that District Judge Steven Kosach acted without a proper motion. But it said the majority of the court reached a final decision on the major custody issues in January and that decision should stand.