Question asked on Dec 14th, 2016
Q: My granddaughter does not have a good relationship with her father. She is the only girl out of three kids. Their father trash talks their mom to them every chance he gets. He has anger issues and tells her she reminds him of her mom and therefore takes that anger out on her at times. How old does she have to be to have a say on whether she has visitation with her dad. He has spent many years away from home in another state their entire childhood.
A: Nevada has no “magic age” other than 18, at which time (absent a guardianship for incompetency, etc.), the then-emancipated person can choose to associate, or not, with anyone. Until then, the wishes of a “child of suitable age and discretion” are one factor that a court must consider when determining a question of contested custody (or visitation). For an explanation, links to the relevant statutes, etc., see the materials posted here. However, if the situation is as bad as you indicate, then perhaps restrictions on either behavior, or visitation entirely, are warranted. The mother should consider consulting with a family law specialist about all her options.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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