Vargas
Vargas v. Ross (In re Vargas)
Opinion
lead Opinion
Renner, J.
*1237 Cynthia Vargas, mother, appeals from a court order awarding Christopher Ross, father, primary physical custody of their minor children. She contends the trial court applied the wrong legal standard in reaching its *1238 decision. We agree. Accordingly, we vacate the court's order and remand the matter for further proceedings. *443 I. BACKGROUND
Mother and father are both active service members in the United States Air Force. They were married in 2009, had two children, and divorced in 2013. At the time of their divorce, both parents were stationed in South Carolina and the initial custody order was for joint legal and physical custody. After the divorce, father relocated to Washington D.C., returning to South Carolina about once a month to visit the children. Later, mother relocated to serve in Korea for one year.
On September 13, 2013, in anticipation of her relocation to Korea, mother filed a motion seeking sole legal and physical custody of the children. She believed father's assignment inhibited his ability to parent the children, so she proposed the children should live in Nevada with her mother for the duration of her assignment in Korea. She later agreed, however,…