High court allows evidence of child abuse in custody fights

Friday, April 2, 2004 | 10:17 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Thursday ruled that evidence of child abuse may be considered at a change-of-custody court hearing, even if the violence occurred before the divorce and before the prior custody hearings involving the parents.

"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 was entered," said the court.

The ruling upheld the decision of District Judge J. Michael Memeo of Elko who awarded child custody to Jon Simmons. Initially, when Simmons was divorced from Carole Castle in 1998, custody of the children was awarded to Castle. Simmons was granted visitation rights and ordered to pay child support.

Simmons later learned that before the divorce Castle allegedly had abused some of their six children. Judge Memeo allowed that evidence into court and gave the children to the father.

The Supreme Court said, "Domestic violence, by its very nature, may be difficult to discover. Once it is discovered, the court should not be precluded from considering it simply because it was not previously raised."