QUESTION

At what age can a child have a say in custody?

Asked on Mar 25th, 2014 on Child Custody - Nevada
More details to this question:
At what age can a child have a say in custody in the state of Nevada? My children are 10 and 12. They do not like joint physical custody at all. They don't get along very good with their father and his wife. They still want to see their father but they just want to go every other weekend and of course vacations. Will a judge speak to my children at this age?
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1 ANSWER

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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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

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