Opinion
No. 68514
09-28-2015
JOSEPH U., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FRANK P. SULLIVAN, DISTRICT JUDGE, Respondents, and STATE OF NEVADA DEPARTMENT OF FAMILY SERVICES; ANASTASIA G.; A.G.; AND J.G., Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or prohibition arising from a juvenile dependency proceeding under NRS Chapter 432B. Petitioner seeks a writ directing the juvenile court to acknowledge him as the father and place the children in his custody without requiring paternity testing.
Having considered the parties' arguments and the documentation provided to this court, we conclude that petitioner has not met his burden of demonstrating that our intervention by extraordinary writ relief is warranted. NRS 34.160; NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Petitioner has not demonstrated that the juvenile court exceeded its authority in requiring proof of petitioner's paternity or that the juvenile court acted arbitrarily or capriciously in ordering therapeutic visitation between petitioner and the children. See NRS 34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); Pan, 120 Nev. at 228, 88 P.3d at 844; see also Clark Cnty. Dist. Attorney v. Eighth Judicial Dist. Court, 123 Nev. 337, 346, 167 P.3d 922, 928 (2007) (noting that the child's best interest is the primary focus in placement decisions). Accordingly, we deny this writ petition. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating that a petition for extraordinary writ relief is purely discretionary with this court).
It is so ORDERED.
/s/_________, J.
Saitta
/s/_________, J.
Parraguirre
/s/_________, J.
Pickering
cc: Hon. Frank P. Sullivan, District Judge, Family Court Division
Aaron Grigsby
Christopher R. Tilman
Clark County District Attorney/Juvenile Division
Lewis Roca Rothgerber LLP/Las Vegas
Legal Aid Center of Southern Nevada
Eighth District Court Clerk