This post is being written to conclude and recap my series on how the concept of “teenage discretion” can impact Las Vegas child custody cases. I felt it was necessary to address this issue as parents commonly ask the question “at what age can a child choose which parent to live with?” As I have explained throughout this series, there is no magical age at which such a choice occurs. There are, however, situations in which a Judge will permit the child to set their own schedule as long as doing so will be in their best interests. The goal of my last several articles has been to provide information which will assist people in better understanding their situation. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
I have addressed several topics through my recent articles. Issues which I have looked at include:
- When a Las Vegas child can decide which parent they will live with
- When the Court may defer to a teenager’s discretion
- When Nevada Courts’ may revoke a teenager’s discretion
- The limits of teenage discretion in Nevada custody cases
- The legal process for dealing with teenage discretion
I decided to cover these topics for several reasons. First, as mentioned above, there is no age at which a child simply gets to make this choice. Instead, the Court will consider the wishes of the child as one factor in the custody equation. The older, and more mature, that the child is, then the more likely the Court is to consider his or her wishes. Second, a Court will only defer to a child’s wishes if it is in his or her best interests. This means, for example, that a Court may defer to the child if he or she is making a choice based on academic opportunity. The Court would be less likely to give deference if they wish to live with one parent because that individual essentially imposes no rules. Third, a Court will revoke existing discretion if the Judge finds that such a situation is, in fact, against the child’s best interests. Fourth, while a child may be given broad discretion, they must still ensure that the non-custodial parent receives the amount of visitation to which they are entitled. Finally, parents may deal with this legal issue through Motion practice or through a stipulation and order.
If you require assistance with a family law matter then contact me today to speak with a Las Vegas child custody lawyer. My office understands the importance of such matters. This is why I practice exclusively in the area of family law and I pride myself on providing the highest level of service. You may reach us online or by telephone. I look forward to being of assistance.