Legal Question in Family Law in Nevada

Re: Age Children can decide which parent to live with

The court considers the wishes of the children as one factor along with other factors when looking at the best interests of the children. There is no particular age at which time a child can say where they want to live--although the court is typically pretty deferential to the older teens, ie. 17 or 18.

Re: Age Children can decide which parent to live with

Courts will listen to 13 and 16 year olds especially if they have a rational basis for their decision. If they say that they want to live with you because you let them stay up all night playing video games and eating ice cream, this won't fly. If the reason is that they are athletic and want you to coach them, or join scouts and you would be a scout master, this gives more credibility. We could get a court appointed special advocate to talk to your sons and they would tell the court what the advocate believes is in the childrens' best interests or we can sometimes do this with a county social worker.

If there is a serious issue regarding the children's upbringing, ie. new step-father takes the belt to them or otherwise improperly harms them, the court would then want to interview the children or have another interview and tell the judge their opinion.

You have to show the court why your son's welfare will be materially enhanced by the change of custody, which is sometimes hard to do. Good luck.