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Can your children pick where to live in a Nevada divorce?

On Behalf of | Dec 27, 2021 | Divorce |

A divorce won’t just legally sever your relationship with your spouse. It will also impact most other close relationships in your family. Your relationship with your children will inevitably go through some transformations after a Nevada divorce.

Rather than living together all the time, you will likely share parenting time with your ex. It’s quite normal for parents to feel nervous about what shared custody arrangements will mean for their time with their kids.

Especially if your ex has always tried to be the cool parent and made you the disciplinarian, you may worry that your children will ask to live with your ex full time. Do your children get to decide what happens if you and your ex litigate custody matters?

The courts will sometimes consider a child’s preferences

If parents can’t reach their own settlement about splitting up legal and physical custody of their children, then a family law judge will have to make those important decisions for the family. Such decisions should always prioritize what is best for the children.

Nevada state law instructs a judge to consider family circumstances and enter a ruling that they believe is in the best interests of the children in the family. Where a child feels healthy and comfortable can impact what a child thinks is in their best interests.

Although there isn’t a specific age when a child’s opinion matters, older children and those who have shown personal maturity may have an option to either speak in court or talk privately with the judge considering custody issues. A judge is unlikely to defer to the child entirely, but they will likely factor in a child’s preferences when making their final custody decision.

Making the children choose can be difficult for them

Knowing that they have to choose to live with one parent or the other can be very stressful for children and even teenagers. They may worry about what their choice will mean for their relationship with the other parents, who they undoubtedly also love.

Recognizing that it can be stressful for a child to have to speak up about custody preferences could motivate you to try a different approach to resolve your custody dispute. Keeping the focus on what is best for the children now and in the future can help you reach an appropriate resolution to your shared custody arrangements in Nevada.