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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27619
Experience:  Attorney with experience in family law.
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What is a 14 year olds right to choose who to live with?

Customer Question

what is a 14 year olds right to choose who to live with? Child wants to live with grandmother not father.
JA: Family law varies by state. What state are you in?
Customer: nevada
JA: Have you talked to a lawyer yet?
Customer: no just social workerschild lives with me now...2 months
JA: Anything else you want the lawyer to know before I connect you?
Customer: I had a deep relationship with her 1-7 now is 14
Submitted: 1 month ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

In a child custody hearing, the wishes of the child are one of many factors to be considered by the judge. Nev. Rev. Stat., Section 125C.0035. The judge is not required to base his decision solely on where the child wants to live, even when they choose one parent over the other. The fact that you're a grandparent, I'm afraid, adds another layer of complexity. A grandparent has a right in Nevada to sue for visitation, but not custody of a grandchild. Section 125C.050. You're only able to seek visitation if one of the parents is deceased, the parents are divorced or have never been married, or has lost custody.

What that means is, the only way to get custody of your granddaughter, if the father isn't willing to let her live with you, is to file a Petition for Termination of Parental Rights. That means you'd have to show that her parents are legally unfit to care for her, which is usually based on extreme neglect, abuse, or a situation where the parent has an alcohol or drug addiction that leaves them unable to care for the child. I can't tell from your question if any of those apply, but if they do, the next step would be to hire a local attorney. These cases are messy and complicated, and it really helps to have someone who understands the legal system on your side.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

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