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 how the age of a child impacts the Court’s child custody decisions. In this article, I will discuss how Judges handle visitation when older children are involved. Needs, schedules, and preferences change as children grow. Parents often assume that older children can decide whether or not to visit the other parent, but the Court may not agree. Understanding how the Court views teenage discretion and what factors influence visitation decisions can help parents avoid conflict and protect their relationship with their child. If you or a loved one are in need of assistance then contact my office to speak with a lawyer right away.
Clark County Family Court Judges may create a flexible visitation schedule to meet the needs of older children
Judges in Nevada may allow teenage discretion as children grow older. This gives the child more flexibility when it comes to following the set visitation schedule. Judges sometimes permit this when a child is mature and has shown sound decision making. The child must also be respectful of each parent. This form of discretion does not mean the child gets to choose whether to visit a parent. It means the Court allows the child more say in when visits occur and for how long.
Teenage discretion working properly looks like a healthy relationship with all involved. Both parents stay in regular communication and the child continues to visit both parents consistently, even if the exact times vary. For example, a sixteen year old with extracurriculars and a part time job may visit her father every other weekend but adjust the days depending on her schedule. Both parents agree in advance and there is little to no conflict. The child remains connected to both parents and the flexible schedule supports her needs.
The Court may remove such flexibility when it sees abuse of discretion. This happens if a child begins to avoid one parent without a valid reason. It also happens when one parent pressures the child or fails to support the relationship with the other parent. The Judge may order a strict visitation schedule if discretion is misused. The Court could also appoint a guardian ad litem or order the parents to utilize a counselor. The goal is always to ensure that the child stays bonded with both parents unless doing so would harm the child.
Las Vegas Judges may disregard the wishes of an older child in a custody case
Even older children may not always make mature or healthy choices. Judges know this and act accordingly. For example, a seventeen year old may want to stop visiting one parent. The Judge may disregard that choice if it is not based on valid concerns. A minor’s preference will not carry much weight if the decision is based on anger, bribery, immaturity, or convenience. The Court is looking for sound reasoning skills and emotional maturity. Preference alone does not decide custody or visitation.
Each case involving an older child is different. Some teens have been through high conflict or difficult transitions. Others may have been influenced by a parent or outside pressure. Judges in our area take time to look at the full picture. They often ask about grades, friends, health, home life, and more. A Judge will make an order to protect the child’s well being if they believe the child’s choice is not in their best interest.
It is important to speak with a child custody lawyer as soon as possible if you are involved in a custody agreement case involving an older child. Having legal guidance is important as the Court process can be complex and an attorney can explain your rights and options. Call our office today to speak with a Las Vegas family law attorney. We are ready to help you protect your relationship with your child.