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Under this specific Nevada law, NRS 200.359, parental kidnapping is willfully detaining, concealing, or removing a child from another person having lawful custody. Lawful custody is a legal right to custody of a child by court order or by operation of law.
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.
There are other legal ages laws, however, that give minors (individuals under the age of eighteen) the ability to become emancipated, give consent to medical treatment, and perform other legal matters usually reserved for adults. This article is a quick summary of legal age laws in Nevada.
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 one parent wants to take a child on an out of state vacation and the other parent will not give permission, then the parties may have to petition the court to settle the matter.
This is referred to as teenage discretion. 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.
AN ACT relating to mental health; requiring in most circumstances the informed consent of each parent or guardian who has legal custody of a child before certain services relating to mental health may be provided to the child; authorizing the provision of such services with the consent of one parent or guardian in
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.
In general, a parent may be able to leave the state of Nevada for brief periods of time with the child if it doesn't interfere with the other parent's time with the child, violate any specific terms of the order, or violate Nevada's custodial interference law.
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.