This is my next post in a series of articles which will address the question of when a custody agreement ends in Las Vegas, Nevada. My last post addressed the fact that child custody orders do not end until a child turns eighteen or is emancipated. This is a common misunderstanding that warranted clarification. In this article, I will discuss how a minor’s age impacts such orders. Courts may take into account a child’s preference when deciding on parenting matters. Age and maturity of the minor will be considered in weighing their wishes. I will also highlight the importance of retaining an experienced attorney for assistance with these cases. Contact my office to speak with a child custody lawyer if you are in need of assistance.
Las Vegas Family Court Judges will (sometimes) consider the wishes of a child during custody proceedings
A child’s preferences may be considered in custody cases when they are old and mature enough. Nevada law allows a Judge to weigh a child’s wishes “if the child is of sufficient age and capacity to form an intelligent preference . . . ” NRS 125C.0035(4)(a). Judges typically begin to take a minor’s opinion more seriously as they enter their pre-teen years. There is no strict age guideline, however, and maturity matters more than age does. The Court may have an evaluator speak to the child directly. The Court may also review statements made through a guardian ad litem or counselor. The Judge is likely to listen to and consider a child’s reasoning for wanting to live with one parent over the other if they can express their preferences clearly and thoughtfully.
The Court will not allow a child’s preference to influence the case outcome if it is for invalid reasons. A child’s wishes not based on sound reasoning or stemming from improper or harmful motives are likely to be disregarded. For example, the Court would likely not take a preference into account if a child wants to live with one parent because that parent buys them more treats or allows them to skip school. Judges will also look for signs of parental manipulation, such as coaching.
Consider the following example. A fourteen year old asks to live with her father because she feels more emotionally supported and her school performance has improved while staying with him. This type of reasoning could carry significant weight in Court. But if the child simply preferred her father’s house because he had fewer rules then the Court would be less likely to honor that preference. A Judge looks beyond the request itself to the maturity and reasoning behind it.
Nevada Family Court Judges will not solely rely on the wishes of a child
Nevada judges are not required to follow a child’s wishes even when a child expresses one strongly and articulately. A child’s opinion is only one part of a larger analysis. The Court must consider several other factors under Nevada law, such as:
- The emotional and physical health of both parents
- The ability of each parent to meet the child’s needs
- The level of conflict between the parents
- Whether either parent has engaged in abuse or neglect
These additional factors can outweigh the child’s wishes. Consider a fifteen year old who wants to live with his mother. The mother has a history of substance abuse and unstable housing, so the Judge may decide that the child would be safer and better cared for with the father. The focus remains on the child’s best interest rather than their opinion. Or suppose a minor expresses a desire to live with one parent because they support their extracurricular activities at school. The Court is presented with evidence that the parent has moved several times in the last year and has an unstable job. The Judge will consider all the circumstances when deciding on custody matters and may grant primary custody to the other parent because there is more stability. Ultimately, a child’s wishes do not control the outcome even when a child is old and mature enough to express preferences.
An experienced Las Vegas child custody attorney can help you understand your options, prepare for Court, and advocate for your child’s best interest. I am a lawyer who is able to assist with these matters. Contact my office today if you are involved in a custody dispute and have questions about how your child’s age or opinion might affect your case.
