Child's Input in Custody/Visitation

[daddy2kids]

What is the name of your state? Nevada

I am going back to court to renegotiate a visitation agreement. In the meantime, my 10 year old daughter's mother is telling me she is leaving all of the decisions up to my daughter (as long as it effects me negetively). How much do the courts take into consideration the child's wishes at 10 years old? Her mom is clearly trying to pursuade my child that I am a bad father and that she should always stay with her instead of go with me, even though we have an excellent relationship and I am very involved in all aspects of her life.

We have Joint Legal Custody and her mom is the custodial parent.

HELP!!!!!

 

[devmazz]

What is the name of your state? Nevada

I am going back to court to renegotiate a visitation agreement. In the meantime, my 10 year old daughter's mother is telling me she is leaving all of the decisions up to my daughter (as long as it effects me negetively). How much do the courts take into consideration the child's wishes at 10 years old? Her mom is clearly trying to pursuade my child that I am a bad father and that she should always stay with her instead of go with me, even though we have an excellent relationship and I am very involved in all aspects of her life.

We have Joint Legal Custody and her mom is the custodial parent.

HELP!!!!!

The Court will take into account many of the factors including where the child has been living, the child's wishes and the mental health of the parents, and make a decision based on the "best interests of the child." The Court may also seek the advice from other relevant professionals.

Best interests of the child is the standard. The court will consider the wishes of the parties and the wishes of the child, if he or she demonstrates sufficient maturity. You are a better judge of your daughter's level of maturity than anyone on this board. Do you feel she is mature enough to speak privately with the judge and answer the questions the judge presents to her honestly? If there is no parent in the room to persuade her to speak one way or another the truth may very well come out.

 

[Zigner]

The Court will take into account many of the factors including ...the child's wishes

You have made this statement for two different states. Care to back it up?

 

[devmazz]

You have made this statement for two different states. Care to back it up?

gladly.

http://www.completecase.com/state_content/nv.html

google is a wonderful thing.

 

[fairisfair]

actually, the statement is backed by the statutes,

In determining the best interest of the child, the court shall consider, among other things: (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; (b) Any nomination by a parent or a guardian for the child; and (c) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child. (Nevada Statutes - Chapter 125 - Sections: 480, 490)

 

[fairisfair]

gladly.

http://www.completecase.com/state_content/nv.html

google is a wonderful thing.

you were asked a very simple question, no need to act like a smart aleck

 

[daddy2kids]

Thank you, devmazz. The problem is her mom has had many problems and has always used her daughter as a shoulder to cry on. My daughter has felt like she has had to "take care of" her mom for her whole life. Even when she is at my house, her mom will call crying about some fight with a boyfriend and my daughter feels like she needs to go home and take care of her. I am afraid that my ex has made my daughter feel responsible for her, and that my daughter will want more time there, even though it is not in her best interest.

 

[fairisfair]

Thank you, devmazz. The problem is her mom has had many problems and has always used her daughter as a shoulder to cry on. My daughter has felt like she has had to "take care of" her mom for her whole life. Even when she is at my house, her mom will call crying about some fight with a boyfriend and my daughter feels like she needs to go home and take care of her. I am afraid that my ex has made my daughter feel responsible for her, and that my daughter will want more time there, even though it is not in her best interest.

If the court decides to consider the wishes of your child, and at 10 years old, that is questionable, it will be done in a forum so as not to allow the thoughts of the mother to intrude on the actual wishes of your child. In other words, they aren't going to interview her with mom sitting there listening.

 

[daddy2kids]

Does anyone know is NV has an "age" where they will take the child's wishes in to consideration when deciding visitation? I really do not want my daughter to feel like she has to "make a decision" against one parent or the other.

 

[averad]

actually, the statement is backed by the statutes,

In determining the best interest of the child, the court shall consider, among other things: (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; (b) Any nomination by a parent or a guardian for the child; and (c) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child. (Nevada Statutes - Chapter 125 - Sections: 480, 490)

If anyone wants to read the statute instead of some randomly googled site.

http://www.leg.state.nv.us/nrs/NRS-125.html

 

[MyHouse]

Has the mother had a psychological evaluation?

What she is doing is very damaging to the child, and is indicative of a personality disorder.

 

[daddy2kids]

Thanks. I have the NRS's but have not been able to find that information.

 

[devmazz]

Thank you, devmazz. The problem is her mom has had many problems and has always used her daughter as a shoulder to cry on. My daughter has felt like she has had to "take care of" her mom for her whole life. Even when she is at my house, her mom will call crying about some fight with a boyfriend and my daughter feels like she needs to go home and take care of her. I am afraid that my ex has made my daughter feel responsible for her, and that my daughter will want more time there, even though it is not in her best interest.

using a ten year old as a relationship councilor is a bad idea to begin with. kids have enough to deal with without knowing the sordid details of their mom's relationships. But like I said before and fairisfair said, the judge will most likely take your daughter into her/his chambers and discuss things one on one so that the facts can come out without the child being made to feel like they are ratting out one parent or the other. These situations are difficult for all parties involved.

 

[daddy2kids]

Her last ex husband told me that she was diagnosed with bi-polar disorder a couple years back, and never followed through with treatment. How do I bring that into court?

 

[Silverplum]

Her last ex husband told me that she was diagnosed with bi-polar disorder a couple years back, and never followed through with treatment. How do I bring that into court?

You don't.