This is the next post in my series on the question of “can a Nevada child choose which parent to live with?” My last article discussed when the Clark County Family Court will disregard the discretion of a teenager. It is important to understand that the court will not allow a teenager to choose how they allocate their custodial time if such decisions run counter to their best interest. In other words, if the teenager is not capable of making mature and rational decisions, then the Court is less likely to give them discretion. If you believe that your child is making poor choices then it is important that you contact an attorney today to assist you. In this article I will discuss the limitations which exist upon a child who has discretion to make decisions as to which parent they spend their time with. If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas father’s rights lawyer.
“Teenage discretion” provides a child with broad latitude over which parent they will spend their time with. This typically includes the child deciding whether they will, or will not, spend time with a parent on a given day. A child who does not have such discretion, for example, may be required to spend time with the non-custodial parent every weekend during set times. A child who has been granted discretion, by contrast, can choose whether or not they go to a parent’s house on a given day. A child with discretion can also typically choose which parent they will spend holidays with and how they will otherwise divide time between the two households. While this may sound as if the child has essentially been given all of the decision-making authority in such a situation, the fact of the matter is that there are limitations upon which they can extend this discretion. The foremost of these restrictions is the fact that the non-custodial parent must still receive all of the time to which they are entitled with the child. If a child does not spend the required amount of time with the non-custodial parent then the Court may very well revoke their discretion.
The foregoing concept is best explained by way of example. Suppose a sixteen year old male chooses to live with his mother primarily and with his father two days a week. The youth may be granted discretion over which two days each week he spends with his father. He may choose to spend them with dad on the weekends or he may choose to do so during the week. The fact of the matter is that the child is required to spend two days a week with Dad. If the child regularly refuses to go through with the visitation then there is a good chance that the Court would revoke the child’s discretion over their schedule. This is due to the fact that “teenage discretion” cannot be used as a way for the child to supersede the Court’s visitation orders. The bottom line, in any child custody case, is that a parent must receive the time which they are entitled to in regard to visitation.
If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas father’s rights attorney. I devote my practice to the handling of family law matters and I understand that this is a serious time in your life. I am experienced in the handling of cases which involve teenage discretion and I will give your case the attention which it deserves. Contact us online or by telephone today. We look forward to speaking with you.