This is the first post in a series of articles which will address a question commonly asked by Las Vegas fathers. That question is “Can a Nevada child choose which parent to live with?” While the general answer to this question is “no,” this is actually a complicated area of the law. These complications come from the fact that the Court will consider the wishes of the child and, if the child is of sufficient age and maturity, give a choice as to how time will be split. There are, however, limitations upon the extent to which the Court will consider the wishes of a child. The goal of my coming articles is to provide information which will help parents to more fully understand their situation. It is also my goal to provide information which will assist with the selection of a fathers’ rights attorney. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
I will be addressing a number of topics over my coming articles. The issues which I will look at include:
- How the Clark County Family Court considers the wishes of a child
- When the Court will disregard the wishes of a teenager
- The limits on a child’s ability to refuse visitation
- How the Court deals with a parent coaching the child to refuse visitation
There are several reasons why I have chosen to address these issues. First, there is no age at which a child “automatically” gets to decide their own situation. That time comes when the child is eighteen and emancipated. A Court, however, will consider the wishes of the child (depending on their age and maturity) as one factor in determining who the youth should live with. Second, while Courts often grant discretion to a teenager, the Judge will disregard this discretion if the youth is making bad decisions. Third, while a child with discretion may be able to, by and large, choose their schedule, they must still ensure that each parent gets their allotted share of time. Finally, if a parent is coaching a child to refuse visitation, or engaging in other forms of parental alienation, then the Court may change custody in favor of the non-offending parent.
If you are a dad involved in a child custody dispute then contact my office today to speak with a Las Vegas fathers’ rights lawyer. I understand the serious nature of family law cases and I will give your case the attention it deserves. I pride myself on providing the highest level of service and I look forward to speaking with you. Call today.