RIVERO V. RIVERO
216 P.3d 213 (2009)
NATURE OF THE CASE: This was an appeal by M from the denial of child support and a
modification of physical custody.
FACTS: M and F stipulated to a divorce decree that provided for 'joint physical custody'
of their minor child, with H having the child five days each week and F having the child two
days each week. The decree awarded no child support. Less than two months after entry of the
divorce decree, M brought a motion to modify child support. The district court dismissed the
motion. Less than one year later, M brought a motion to modify child custody and support.
The district court ordered that the decree would remain in force, with the parties having
joint custody of their child and neither party receiving child support. M then requested
that the district court judge recuse herself. When the judge refused to recuse herself, M
moved to disqualify her. The Chief Judge of the Eighth Judicial District Court denied M's
motion for disqualification, concluding that it lacked merit. The district court later
awarded F attorney fees for having to defend M's disqualification motion. M appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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