When Can a Child Decide They Don't Want to See a Parent?
Custody battles can be complex events to work through. Sometimes parents can agree to custody before the court. While at other times, the court must decide on what is in the child’s best interest.
This process can include many factors. A parent may gain sole custody while the other parent has limited rights. Depending on the child’s age, the child may also have a say.
When Can a Child Decide?
Several factors can determine if the child has a say on visitation schedule by a parent. Your family law attorney can help you navigate this situation.
When Does a Child Have a Say in Custody?
Many people have one misconception that a child can refuse to visit their parents at 12. This assumption is not valid. The child must see their non-custodial parent during the agreed-upon times.
At 12 years old, your child can have a say in who they would prefer to live with going forward. This measure is sometimes called “teenage discretion.” The idea is that a child can make logical decisions about how much time they want to spend with each parent. While this is not a determining factor, it can get considered in a child custody case.
The older the child is, and the more mature the child is, the more input they can have when deciding their own physical custody agreements. The guideline is to consider the child’s level of maturity, their age and other factors.
Legal Emancipation
Another factor is if a child files for a “decree of emancipation.” If the child is over the age of 16, they can file to no longer be under parental control. In cases where it gets granted, the child can make financial, medical, and legal decisions.
Legal emancipation can take place under a few circumstances. Often these decrees get granted if the child gets married or is living on their own. It is up to a judge to decide if the decree is appropriate for the child.
Age of Maturity
In Nevada, as in all states, a child gets considered an adult at 18. At this point, a child can choose not to visit their non-custodial parent. You cannot force them to spend time with you as an adult, so a court order will not get enforced.
However, you may still pay child support to your child until they graduate from high school. The child may also live with their custodial parent and not get required to contact the other parent.
Know Your Rights and Those of Your Child
If the court has not denied you visitation rights to your minor child, you have a right to visitation.
If the custodial parent denies you these rights or if the child refuses visitation schedule, you can seek help.
Your child should also be aware of their rights. The older the child is, the more say they have in which parent they can visit.
Further Reading
Here are the additional posts that can provide valuable information to our readers:
“Do You Have Child Custody Questions?” – This post offers general information and addresses common questions readers may have regarding child custody.
“Fathers Rights: 95 Horrific Mistakes Men Make During Custody Battles” – This post provides a comprehensive list of mistakes that men commonly make during custody battles, aiming to raise awareness and help fathers avoid these pitfalls.
“How to Get Child Support Arrears Dismissed” – This post offers guidance on the process of getting child support arrears dismissed, providing insights and suggestions for individuals facing this situation.
“Tips For Modifying Nevada Child Support” – This post provides tips and information on modifying child support in Nevada, offering guidance on the steps involved in requesting a modification.
“Nevada Child Support” – This post focuses on the child support laws and guidelines in Nevada, providing readers with an understanding of the relevant regulations and calculations.
“Do I Still Have to Pay Child Support If I Have Joint Custody?” – This post explores the relationship between joint custody and child support obligations, providing clarity on whether child support payments are still required in joint custody arrangements.
“5 Things Fathers Should Know About Child Custody” – This post specifically focuses on fathers and provides essential information they should be aware of when dealing with child custody matters.
“Unmarried Parents? Win Your Custody Battle Now!” – This post offers guidance and strategies for unmarried parents involved in custody battles, empowering them to navigate the legal process effectively.
“Avoid These Mistakes to Keep Custody” – This post highlights common mistakes that individuals should avoid to maintain custody of their children and provides insights on how to safeguard their rights.
“Grandparents Rights in Nevada” – This post focuses on the rights of grandparents in Nevada and provides information on how they can pursue visitation or custody rights for their grandchildren.
These posts aim to provide valuable insights and support to readers dealing with child custody matters.
What's Next?
Are you in Las Vegas and need a Las Vegas child custody attorney?
Look no further than The Rosenblum Allen Law Firm!
Our experienced lawyers are understanding and dedicated to fighting for your best interests.
We want to make this complicated process as easy on you as possible so that more energy is saved where it should be: achieving the most favorable outcome for you and your family.
Take control of life’s circumstances by calling us today at (702) 433-2889 – our experts are here to help guide the way towards an ideal future.
Ask an Attorney
Our lead attorney, Molly Rosenblum, Esq answers tough legal questions in these videos.
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