No, a child cannot choose which parent to live with in Nevada, because the decision belongs to the judge, and the only standard the judge may apply is the best interest of the child. The child’s wishes are the first factor listed in NRS 125C.0035, and a court must weigh them when the child is old enough and mature enough to form an intelligent preference. In practice, a preference is a reason the court must consider, not a decision the court must follow.
At What Age Can a Child Choose Which Parent to Live With in Nevada?
There is no age in Nevada law at which a child’s preference becomes binding, and there is no age at which a judge is required to ask for it. The statute says the court shall consider the wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody, and it leaves “sufficient age and capacity” undefined.
That wording puts the emphasis on capacity rather than birthdays. The question is whether the child can give reasons that reflect the child’s own needs rather than a parent’s influence or a passing frustration, and a well-reasoned preference from a younger child can matter more than a vague one from a teenager.
The only firm age line is the one that ends the case. Under NRS 129.010, a person reaches the age of majority at 18, and custody orders end there.
How Much Weight Does a Child’s Preference Carry?
A child’s preference is one of twelve factors that a Nevada judge must consider, and the statute does not rank it above any of the others. Under NRS 125C.0035, the court has to set out specific findings on each listed factor, including which parent is more likely to allow frequent contact with the other parent, the level of conflict between the parents, their ability to cooperate, each parent’s health, the child’s needs, the child’s relationship with each parent and with siblings, and any history of abuse, domestic violence, or abduction.
A 2026 decision from the Nevada Court of Appeals shows how that plays out. The trial court found that the two children met the age and capacity test and wanted more time with their father. It still kept primary custody with their mother, because the father had not cooperated with her on the children’s needs and because the court found he had committed an act of domestic violence. The appeals court upheld the custody findings. The children’s wishes were heard, recorded, and outweighed.
How Does a Washoe County Judge Learn What a Child Wants?
Nevada’s custody statute does not say how a court should learn a child’s wishes, and in Washoe County custody disputes go through mandatory mediation before a judge hears them, which is where a child’s wishes can first enter the case.
The Second Judicial District Court’s Family Mediation Program dates to 1991, when the Legislature directed the court to create it. The court’s Family Services page describes mediation as the setting where parents work out parenting time, holidays, communication, and changes to the schedule. The program handles an average of 48 mediations a month, and the discussions are confidential.
When a case does go to a hearing, the child’s preference comes to the judge through evidence the parents and the court develop, which can include testimony, records, and a focused assessment by a professional, as in the 2026 case. How a particular judge handles a child’s input is a question to ask before the hearing, not at it.
Can a Child’s Preference Change an Existing Custody Order?
A child’s preference by itself does not reopen custody, because Nevada requires two separate findings before a court can modify physical custody.
Under the test the Nevada Supreme Court set in Ellis v. Carucci and extended in Romano v. Romano, the parent asking for the change has to show that there has been a substantial change in circumstances affecting the welfare of the child, and that the change in custody would serve the child’s best interest. The self-help modification form used in Carson City’s district court puts the same two findings in front of every parent who files.
A child growing older and forming a preference can be part of the first showing, but the court is looking for a change in the child’s circumstances since the last order, not a change in which parent the child prefers this month. The preference then returns in the second showing, weighed alongside the other factors.
What Happens If a Child Refuses to Go to the Other Parent?
The custody order still binds both parents when a child refuses an exchange, and the parent who keeps the child can be the one the court holds responsible.
In the 2026 Court of Appeals case, the father kept the children after a vacation instead of returning them on schedule, and the district court concluded that he had improperly withheld them, which weighed against him under the factor in NRS 125C.0035 that asks whether a parent has abducted the child, a factor the court applied to his withholding. The court also treated the mother’s willingness to give the children extra time with him as evidence that she fostered the children’s relationship with him, which is the friendly-parent factor working in her favor.
The practical lesson runs against instinct. A parent whose child does not want to go still has to make the exchange, document what happened, and bring the problem to the court through a motion.
Two statutes added in 2025 also shape what a court can do with that motion. NRS 125C.243 bars a court from removing a child from a parent who is capable, protective, and bonded with the child solely to improve a deficient relationship with the other parent, and NRS 125C.245 bars an order aimed at a child’s resistance to a parent accused of domestic violence or child abuse unless the order primarily addresses that parent’s behavior.
Can a Parent Encourage a Child to Choose Them?
A parent can talk with a child, but a preference that looks shaped by one parent can work against that parent under the same statute that makes the preference relevant.
Three of the factors that sit alongside the wishes factor measure how the parents treat each other where the child can see it. A child who arrives at mediation or a hearing repeating one parent’s grievances about the other gives the court evidence on all three, and none of it helps the parent doing the coaching.
What Should You Do When Your Child Says They Want to Live With You?
Write down what your child said and when, in the child’s words rather than yours, and note anything that changed in the child’s life since the order was entered, such as school, health, or living conditions at either home. Those details are what a court can treat as a change in circumstances; a preference without them is not.
Request mediation through the court’s Family Services division if the other parent will participate, since a mediated agreement goes to the judge as a signed document rather than a contested motion.
Talk with a family law attorney before filing anything. A later motion cannot rely on facts the court already knew when it entered the last order, so a weak first motion uses up evidence a stronger motion would later need.
Talk With Our Family Law Team Before You Act on a Child’s Preference
A child’s preference is evidence, and like any evidence it can be presented well or badly. Richard P. Davies, Esq. and his family law team can review your order and your child’s reasons, and tell you whether a modification is realistic. Our child custody page covers the custody matters we handle in Reno and across Northern Nevada. Call (775) 360-6894 for a free consultation.