Under the first prong of the Ellis test, we conclude that the
district court did not abuse its discretion in finding that a substantial
change of circumstances occurred that affected K.B.'s welfare. See id. at
151, 161 P.3d at 243. To find that a substantial change of circumstances
took place that negatively affected K.B.'s welfare, the district court relied
upon five facts: (1) the presence of Linda's former boyfriend Solomon Dean
Johnson, (2) the presence of Linda's daughter Tamika, (3) Linda's run-ins
with the law regarding driving under the influence of alcohol, (4) Linda's
untreated disabilities, and (5) the presence of Linda's son C.H. We
conclude that substantial evidence supports these findings. Further, we
conclude that these facts, particularly, Linda's multiple run-ins with the
law regarding driving under the influence of alcohol, the presence of
Solomon Dean Johnson, and the presence of Linda's daughter Tamika,
supported the district court's finding that a substantial change of
circumstances occurred that negatively affected K.B.'s welfare since the
last modification of K.B.'s custody in April 2008. Under the second prong
of the Ellis test, we conclude that based upon the same facts, and the facts
regarding K.B.'s living arrangements with Daniel, the district court did
not abuse its discretion in finding that granting Daniel primary physical
SUPREME COURT
OF
NEVADA
2
(C) I94Th
custody of K.B. was in K.B.'s best interest.' See NRS 125.480(4).
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Saitta
24-L
Gitbons
J.
J.
Pickering
cc: Hon. Michael Montero, District Judge
Greenberg Traurig, LLP/Las Vegas
Jack T. Bullock, II
Humboldt County Clerk
'We have reviewed Linda's remaining arguments and conclude that
they are without merit.
SUPREME COURT
OF
NEVADA
3
(0) 19)0A