This is the next post in my series on whether there is an age at which a Nevada child can stop visitation with their parent. My last article discussed how Courts handle children who are refusing visitation. It is important to understand that the Court may be inclined to change custody in a father’s favor if the mother is coaching the child to refuse visitation. If you believe that such coaching is taking place then it is important that you contact an attorney immediately. In this article I will explain the extent to which a child may, and may not, legitimately refuse visitation. If you are in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer.
I have previously discussed the limits of “teenage discretion” in child custody cases. I have also addressed whether there is an age at which children can refuse to see their parents. Building on those discussions, it is important to understand that the Courts generally will not allow a child to completely refuse visitation. The Court may, however, grant the child flexibility if the youth is of sufficient age and maturity to make rational decisions. If a child is given such flexibility, then they may be required to spend a certain amount of time with a parent each month, but the dates and times of that visitation may vary. The child will be required to meet this time requirement by the end of each month however. Conversely, if the Court believes that a child is not of sufficient maturity to make rational decisions then they will be required to follow a set visitation schedule.
The foregoing concepts are best explained by way of example. Suppose a child is sixteen years old and is involved in multiple extracurricular activities at school. To make the child’s life easier to manage, the Court orders that the child must spend at least eight days a month with their father. Generally, as long as dad gets his eight days each month, and the child continues to do well, then the Court will likely keep this arrangement in place. If the child makes a habit of not following through with the visitation, however, then the Court may put a specific schedule in place. Now suppose that a child is simply refusing to see their father and has no legitimate basis to claim that the visitation schedule is difficult for them. Absent adequate circumstances, the Court will keep a specific schedule in place and will likely require that the child follow through with it. How the Court will rule in any given situation, however, will always depend on the specific facts of the case.
If you are involved in a child custody dispute then it is important that you contact a family law attorney immediately. The longer you allow the current situation to go on, then the more likely the Court is to consider the current state of things as the “status quo.” If this were to happen then, generally, the Court would be less likely to make a change. I am a Las Vegas fathers’ rights lawyer who devotes her practice to the handling of family law matters. I understand that this is a serious time in your life and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you.