Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.
But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.
The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.
In Nevada, the court may consider a child's preference regarding which parent they wish to live with primarily after a divorce or separation. While there is no specific age stated in Nevada law at which a child's preference must be considered, the court typically begins to give weight to a child's wishes when they are sufficiently mature, which is often around the age of 12 to 14 years. However, the child's preference is not the sole factor in determining custody arrangements. The court's primary concern is the best interest of the child, which includes multiple factors such as the child's physical, emotional, and educational needs, as well as the ability of each parent to meet those needs. The child's preference is one of many factors the court may consider under Nevada's family law statutes, specifically within the Nevada Revised Statutes (NRS) Chapter 125C, which governs custody and visitation matters.