There is no magic age in Nevada at which a child can "choose" where to live. Whether or not the judge will speak to either child very much depends on which judge you have they are all very different in how they approach this issue. Nevada follows a best interests standard to determine custody matters. The best interest factors are found in NRS 125.480(9). The first factor is that the court shall consider the child's preference if the child is of sufficient age and maturity to form an intelligent preference. That is only 1 factor of several. So even when the child is old enough and mature enough to have his/her preference heard by the court, it is still not the final determining factor. From what I have seen, your children are a little on the young side. And you also need to consult with an attorney about how you go about getting the child's preference heard without making the child an actual witness. You really want to be very, very careful about putting your children in a position where they feel they have to choose. It can be damaging to them, and put you in a bad light.
Answered on Mar 25th, 2014 at 3:47 PM