QUESTION

At what age can a child choose to go to the home of a divorced parent in Nevada

Asked on Jun 19th, 2013 on Family Law - Nevada
More details to this question:
My 3 kids have been living with me 90-95% of the time since my divorce from their father.He's only had them (1 at a time) when he wanted them or when they wanted to be with him.He now wants to share the kids 50/50 but is telling me it has to be on a week on/week off basis.My kids kids & I are against this.We would like it to be on a weekly basis.Does he have the right to tell me what the visitation schedule will be?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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Short answer: "no."  It has to be joint decision by both of you,  and if you cannot agree, it becomes an issue for the court. As to the question you asked, it is common knowledge that the wishes or desires of a child can be relevant to a custody proceeding assuming the child is of suitable age and maturity.  In fact, NRS 125.480(4)(a) requires that courts consider the wishes of a child of sufficient age and capacity. Unfortunately, the phrase “of sufficient age and capacity” has never been defined in Nevada, either through case law or statutes.  As such, there is no magical age in Nevada at which a child’s wishes become relevant.  Obviously, the older the child becomes, the greater the weight that should be given to his or her custody preference.  However, even though the child’s wishes are a factor that must be considered by the court, they do not necessarily need to be given considerable weight when the evidence indicates that what he or she desires is not in the child’s best interest. If the child’s preferences may be an issue, be sure to request that the judge interview the child or that the judge appoint a qualified counselor or psychologist to meet with the child and report back to the court. A consultation with a family law specialist will give you a great deal more information.
Answered on Jul 13th, 2013 at 9:39 PM

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