At What Age Can A Child Refuse to Visit or Self-Emancipate?
No matter the precise situation, if you have questions about whether and at what age a child can refuse to see a parent or when and how a child might pursue emancipation, the family law attorneys at Mills & Anderson are here to help. Continue reading to learn more and see what our experienced team of legal professionals can do for you.
First Things First: What Is Emancipation in Nevada?
Before moving forward, it’s important to first have a basic understanding of what emancipation is and how it works. Below is some key information to keep in mind about emancipation in Nevada.
Emancipation Defined
Emancipation in Nevada refers to the legal process by which a minor seeks and gains legal independence from their parents or legal guardians before they have reached the age of majority. Under NRS 129.020, the age of majority is 18.
When a Child Might Seek Emancipation
Notably, not all minors can pursue emancipation under Nevada law. NRS 129.080 specifies that a minor may petition the court for a decree of emancipation if the following factors are met:
- The minor is at least 16 years of age; and
- They are married or living apart from their parents or legal guardians.
Thus, if a child is younger than 16, they will not be able to pursue emancipation as an option for refusing visitation with a parent.
Rights of Emancipated Minors in Nevada
If a minor’s petition for emancipation is successful, they will be granted certain rights and responsibilities that would otherwise be reserved for adults. These rights generally include the right to:
- Enter into contracts,
- Financial independence,
- Buy or sell property,
- Provide medical consent and make decisions about their own medical care and treatment, and
- Make decisions about their education.
In short, for all intents and purposes, the minor will be held and considered to be of lawful age. Note, however, that emancipated minors will still be subject to age requirements with respect to gambling and consumption of alcohol.
How Emancipation Can Play a Role in a Child Refusing Court-Ordered Visitation
If a child wishes to refuse court-ordered visitation with a parent, emancipation may be one option to pursue. As part of the emancipation petition, the child may be able to request that they no longer be bound to comply with an existing visitation order.
However, it’s important to note that absent a court order stating otherwise, a visitation order will be a legally binding order of the court that must be complied with. Additionally, emancipation is a drastic measure that may not be appropriate in all situations. Thus, before seeking emancipation from a parent or refusing to comply with an existing visitation order, consider speaking with a qualified legal professional to discuss your options in more detail.
Other Options for Avoiding Court-Ordered Visitation with a Parent
Another option a child might consider if they have a strong desire to refuse visitation with a parent is seeking a modification of the existing order. If there are valid reasons why a child does not wish to continue visitation with their parent, the custodial parent may be able to petition the court to modify the visitation order so that the child is no longer required to attend visitations.
In determining whether to grant the modification, the courts’ primary consideration will be whether the requested modification is in the best interest of the child.
Modification can be a less drastic option that can still meet the child’s goals of avoiding visitation with a parent without having to be considered an adult in the eyes of the law.
So, At What Age Can a Child Refuse to See a Parent?
In short, the answer will depend on the factors surrounding your case and the specific needs and goals at play.
If the child is 16 or 17, they may be able to pursue emancipation in an effort to avoid visitation with a parent. However, in situations where the child is 15 or younger, or simply does not wish to be legally emancipated, they and their custodial parent may be able to petition the court at any time for a modification of the existing visitation order.
Questions About Emancipation in Nevada?
Custody, visitation, and emancipation matters can be complicated, both legally and emotionally. Thus, if you have questions about these or other related topics, know that you don’t have to navigate this alone.
At Mills & Anderson, our experienced family law attorneys have more than 40 years of collective practice experience representing our clients in need. We pride ourselves on treating each case with integrity and trust and fighting zealously for the rights of our clients day in and day out.
When you’re ready to discuss your case, contact our team to see how we can help you move forward today.
FAQs
Can a Child Refuse Visitation with a Parent?
Children in Nevada typically do not have any legal authority to refuse court-ordered visitation with a parent. This is because visitation orders are initially established based on what the court deems is in the best interest of the child and will be legally binding unless later modified by the court. That said, in certain situations, a child may be able to seek a modification of the visitation order or, in rare circumstances, a child may choose to seek emancipation from their parents entirely in an effort to avoid visitation.
At What Age Can a Child Say They Don’t Want to See a Parent?
Technically, there is no specific age at which a child may unilaterally refuse to see their parent if there is a visitation order in place. Ultimately, in considering a request to refuse visitation with a parent, the court will take into account a variety of factors in determining whether a modification to the visitation order is in the child’s best interest. These factors include the age and maturity level of the child, the reasons behind the child’s reluctance to visit with the parent, and the child’s overall safety and well-being.
Do I Need an Attorney for Assistance with Child Emancipation Issues?
Having legal representation is never required for family law-related matters in Nevada. Nevertheless, hiring an attorney can provide a number of benefits. Whether you are a child looking to self-emancipate, or you are a parent whose child is refusing court-ordered visitation or seeking emancipation, an attorney can help you understand your rights, prepare a sound legal strategy, and represent your interests moving forward.
