visitation determinations. See Wallace v. Wallace, 112 Nev. 1015, 1019,
922 P.2d 541, 543 (1996) (providing that child custody decisions rest
within the district court's sound discretion). The district court made
findings under the factors set forth in NRS 125.480(4) and determined
that the custody and visitation arrangement was in the children's best
interests. See NRS 125.480(1) (stating that in determining child custody,
the court's sole consideration is the child's best interest). The district
court's factual findings are supported by substantial evidence. See Rico v.
Rodriguez, 121 Nev. 695, 701, 120 P.3d 812, 816 (2005).
Appellant next contends that the district court abused its
discretion in denying his requests to continue the trial based on discovery
issues and a change in trial counsel. Having reviewed the record, we
conclude that the district court did not abuse its discretion in denying the
requests. See Bongiovi v. Sullivan, 122 Nev. 556, 570, 138 P.3d 433, 444
(2006).
Finally, appellant contends that the district court abused its
discretion in ruling that the Hummer vehicle was community property
rather than appellant's separate property. In support of this argument,
appellant identifies his testimony that he purchased the vehicle with
proceeds from his personal injury settlement. See NRS 123.130(2)
(providing that all property acquired by a spouse as an award for personal
injury damages is separate property). Appellant has identified no
documentary evidence in support of this claim, however, and the district
court found that appellant failed to establish clear and convincing
evidence tracing the personal injury settlement to the purchase of the
vehicle. We conclude that the district court did not abuse its discretion as
to this issue. See Shydler v. Shydler, 114 Nev. 192, 196, 954 P.2d 37, 39
SUPREME COURT
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(1998) (explaining that this court reviews a district court's decision
regarding divorce proceedings for an abuse of discretion). Accordingly,
having concluded that appellant's contentions are without merit, we
ORDER the judgment of the district court AFFIRMED.
J.
Hardesty
P 0.4.01t
Parraguirre
cc: Hon. Bill Henderson, District Judge, Family Court Division
Robert E. Gaston, Settlement Judge
Stephens, Gourley & Bywater
Barnes Law Group
Eighth District Court Clerk
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(0) I947A
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