In the state of Nevada, what age does a child have to be before they can voice their wishes in a custody hearing?

[deleted account] ( 5 moms have responded )

My child's father is telling our soon to be twelve year old that decisions with be her's when soon. Inappropriately involving our child because he is upset with me!!!!
Three years ago my child was removed from her fathers care with an Ex-Parte motion. I had enough evidence to show that he was not properly caring for her, for example he was not able to provide her with a stable and safe involvement so much to the point that even from miles away I was able to gather enough evidence show, so I was given Legal Custody along with Physical Custody. At the point of filing a motion to maintain court ordered custody her father did not file a response (opposition) to my motion resulting in the release of a default order directly for the Judge. He was given one weekend a month and a few weeks of summer. We are in constant conflict because he refuses to plan and simply abide by our orders. He makes up reasons as to way he can't take his weekend visitation upon court orders and demands that I work around his life not the court orders. There is unlimited contact with V-chat and text messaging so she has free range of communication with her father but do to the circumstances that has led up to her having to be removed from his care, I have been extremely protestant on following our court orders. He blows up and threatens to go back to court anytime I insist in following our orders regarding visitation guidelines and now he is involving our child in conversations she dose not need or want to be involved in. So, I'm looking for advise and answers on at what age can he force her to be involved with court hearings.


Sarah - posted on 07/03/2015




It is not going to be up to either of you if your daughter has to give some sort of testimony. Depending on her age, she may speak to a guardian ad litem, a court appointed special advocate or directly to the judge. Often times a child's input is needed to make the best decision. In the meantime, stick to the court orders! To not follow the court order can make you found in contempt. If he threatens to take you back to court for not following the judges orders, then that is his prerogative.
If he brings up topics your daughter does not want to discuss, she can always say is done talking for now and hang up.


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[deleted account]

Dove, I know.. I know.. but unfortunately when your dealing with someone who is a complete control freak this is what you get.. We we're pretty young during the first round of custody. When your young and dumb and don't know how the the court system works you can make a lot oa mistakes simply from just being nieve. He had the control and power to pin me into corners for a long time, so know that he has lost that power he flips out and becomes extreme angry when I fight back. The only thing that bothers me is that he is the type of person to try and force our daughter into the court process because he has no boundaries and you can not reason with a completely unreasonable person. Will not take responsibility for his own actions.

Dove - posted on 07/03/2015




I find it comical that he threatens to take you to court for you wanting to follow the COURT orders... lol Not that the situation is funny, but that is rather bizarre of him...

Good luck!

[deleted account]

Thank you all for your responses. Jodi, the article was very helpful thank you for that. Our history in and out of court has been a very long and painful experience. All though I have learned a lot through out the years of being in and out court, I still have questions, concerns and empathy for my daughter caught in the middle.

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