Legal Question in Family Law in Nevada
at what age can a child decide who he wants to live with
My son just turned 3 years old I have joint custody and he complains every time I have to return him to his mother. He always ask why he has to go that he wants to stay with me. He complains that his mother hits him all the time. There are just the normal bruises of kids falling down. Just once he was taken to the Emergency room for having a pill stuck on his nose. I have numerous recordings in audio that I have taken in the car crying and complaining that he does not want to go to his mother's house because they hit him there.
At what age can I bring this case to court and try to get full custody of him?
1 Answer from Attorneys
At what age can a child decide who he wants to live with
Nevada doesn't allow a child to decide who he wants to live with - that is the Court's decision and the Judge's tend to feel that it is harmful to the child to allow him to thing he or she has that right. In Las Vegas, children are not permitted in the Courtroom at all and the Judges will not meet with them.
So your evidence needs to come from somewhere else showing that there is a change of circumstances that makes it in the best interests of the child to have custody changed. Before you race to take your child to a therapist to obtain ammunition, you may want to check to see if you need court permission to do this, and contact the court/welfare services to see what kind of help is available in your community.
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