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3.1. When can a court deny visitation? A court can deny visitation if it finds that it is not in the best interests of the child.
In Nevada, a judge has discretion to determine that a child has attained sufficient, intelligence, and maturity to determine which parent the child will reside with. This legal doctrine is known as teenage discretion. There is no hard and fast age when this doctrine will be instituted.
NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.
Mothers and Fathers Have Equal Right to Seek Custody This includes an equal right of fathers and mothers to seek legal and physical custody of their child. There is no presumption under Nevada law that gives either a mother or father preference when it comes to issues of child custody.
Generally, the courts order both parents to share legal custody of a child if the parents are unmarried. The only exception is if there's a reason that it's not in the best interests of a child for one parent to share joint legal custody.
Nevada courts prefer that parents share joint custody of their children regardless of whether the parents are divorced or never married. But judges will award primary physical custody to one parent over the other if it is in the child's best interest.
Typically, a child will not be asked to voice a preference about custody decisions in Nevada until he or she is at least 12 years old.
Under Nevada law, the custodial parent must seek written permission from the other parent before moving out of state or moving a distance that substantially interferes with the other parent's visitation.
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.
Given the fact that a father can lose custody, people often wonder if a mother can legally keep her child away from the father. The short answer to this question is that without a court order, a mother alone cannot legally keep the child away from the father.