This is the next article in my series on whether there is an age at which Nevada children can completely stop visitation with a parent. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are going through a child custody dispute. It is important that you speak with counsel sooner, as opposed to later, as the longer you wait then the less likely the Court may be to make a change. You can help to protect your rights by taking immediate action. In this article I will discuss the issue of whether there is a certain age at which all children can automatically cease all visitation. While there is no such “magical age,” this can be a complicated area of law. If you are in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer.
Nevada does not allow a child to completely stop visitation with a parent before the age of 18
It is common for parents to believe that there is an age at which Nevada children can choose to stop all visitation with one of the parents. The truth of the matter, however, is that until a child turns 18 (the age of majority) they are required to follow any custody orders which the Court issues. In other words, there is no age at which a minor is simply given complete decision-making authority over whether or not they will follow through with visitation. With that said, the older and more mature a child becomes then the more likely the Court is to give the youth flexibility in how their visitation schedule is structured. As I discussed in my article on the limits of teenage discretion regarding visitation, this flexibility cannot be used by the youth to completely deny a parent their time with the child.
The foregoing is best explained by way of example. Suppose a youth is fifteen years old and wishes to spend the majority of their time with the mother for various reasons. The Court may rule that the father is to receive two weekends per month with the child, but that the youth is to decide which two weekends they will spend with dad each month. While the youth may choose to spend time with dad next weekend, as opposed to this weekend, they cannot simply refuse to go through with the visitation. If they regularly refuse to go through with the visitation then, depending on the circumstances, the Court may strip the child of their decision-making authority and require that the youth spend specific times with the father. How the Court will rule in any given situation will always depend on the specifics of the matter.
Nevada judges will look at the specifics of the case when deciding whether a child is wrongly refusing visitation with their parent
A Nevada judge will view all of the facts when deciding whether or not a child is abusing their decision-making authority. Suppose, again, that the Court orders a child to spend two weekends a month with their father but gives the youth discretion over which two weekends these will be. Now suppose that the youth consistently chooses the weekends that are as inconvenient as possible for the father as a way of getting out of the visitation. If the evidence shows that the youth is not making a good faith effort to follow through then the Court may find that they are abusing their decision-making authority and change the current Order. In other words, a child cannot get out of their visitation requirements by simply saying “I offered to spend time with dad, but they didn’t want it.” Again, each case will be fact specific. An experienced attorney can assist you in determining whether the youth is within their right to deny visitation or whether the case should go back to Court.
I am a Las Vegas fathers’ rights lawyer who devotes her practice to family law matters. I understand that this is a critical time if your life and my office will make your case a priority. Contact us online or by telephone today to schedule an initial consultation. I pride myself on providing quality service and my office looks forward to being of assistance.