Bernal-Sabino v. Genchi-Ozuna

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Bernal-Sabino v. Genchi-Ozuna

Case Number
Call Date
January 9, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-18-0110 Ariana Bernal Sabino (Appellant) v. Juan Carlos Genchi Ozuna (Appellee)

Douglas County District Court, Judge Peter C. Bataillon

Attorneys: Roxana Cortes Reyes (Immigrant Legal Center, an affiliate of the Justice for Our Neighbors Network, for Appellant) ---

Civil: Dissolution of marriage; Custody

Proceedings below: The trial court found that the marriage between the parties was irretrievably broken and granted the Appellant’s request for dissolution of marriage. The court found that it was in the best interests of the parties’ minor children that sole legal and physical custody be placed with the Appellant subject to reasonable parenting time and the discretion of the Appellant. The court further found that the other three children born during the parties’ marriage are not the biological children of the Appellee. The trial court also stated that it did not have authority to and denied the Appellant’s request to make specific findings of fact regarding the best interests of the child.

Issues: Whether the trial court erred by 1) refusing to make findings of fact the Appellant requested regarding abandonment and neglect, viability of reunification, and best interests of the child; and 2) failing to analyze and properly weigh the evidence presented in support of the factual findings requested; and 3) whether the trial court abused its discretion and unfairly prejudiced the minor child when it refused to make the findings of fact the Appellant requested.  

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