My ex and I have joint legal and physical custody of our 6 year old son. This was not my doing mainly because he and I don't get along nor do I and his wife. His wife and I have actually had a fist fight during the time we were in court getting a divorce and battling for custody, That was almost four years ago and although we are married to new people, he married her, I still go through drama here and there with HER. She is very take charge and feels the need to call me and "tell me about myself" when she doesn't like something I said or did or how I went about it when it comes to my son and dealing with them. My son hates going over there and we do every other week right now. What is the legal age in nevada that a child can make his/her own choice of which parent to live with? My son often says he prefers to be at my house but his dad has a fit and insist my son has no choice right now and has to go to his house. Does anyone know when I can take this back to court and have it changed?
2006-10-24 08:24:54 · 2 answers · asked by Lovemykids 2 in Politics & Government ➔ Law & Ethics
In general, you can go to court anytime and ask for a change, but there needs to be concrete reasons for the court to decide to do so.
There isn't a particular age in which the son gets to choose instead of his parents, other than 18. But as he gets older, the court will take his opinions more into account.
Talk to your lawyer (or a new lawyer) for a better sense of your chances -- it particualrly matters what the court ruled and why, specifically -- but my guess is you and your son will have to wait a bit before changing the custody arrangement, unless you can work something out voluntarily.
2006-10-24 08:32:33 · answer #1 · answered by C_Bar 7 · 0⤊ 0⤋
Hate to burst your bubble here but...
Myths abound in divorce court, but one of the most damaging is the notion that when a child reaches the age of 14, it is the child who can decide which parent to live with. That is not true!
The judge "shall consider" the desires of the child in custody cases, but the law does not say the judge shall do what the child wants. There is a world of difference between considering someone's wishes and granting those wishes.
The fact is that judges who make custody decisions "consider" the desires of children who are much younger than age 14. However, children's wishes are only one of many factors that judges must consider.
2006-10-24 15:37:19 · answer #2 · answered by Zelda 6 · 0⤊ 0⤋