My 8 yr. old lives with father and wants to live with me. What age can he choose and what are requirements and guidelines? I heard it is 12 years old but a few years ago was 10.

http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000153.00.htm

TEXAS FAMILY CODE; CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS

§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE
RESIDENCE. A child 12 years of age or older may file with the court
in writing the name of the person who is the child's preference to
have the exclusive right to designate the primary residence of the
child, subject to the approval of the court.

§ 153.009. INTERVIEW OF CHILD IN CHAMBERS.
(a) In a nonjury trial the court may interview the child in chambers to determine the child's wishes as to conservatorship.
(b) When the issue of managing conservatorship is
contested, on the application of a party, the court shall interview
a child 12 years of age or older and may interview a child under 12
years of age. Interviewing a child does not diminish the discretion
of the court.
(c) The court may permit the attorney for a party or the
attorney ad litem for the child to be present at the interview.
(d) On the motion of a party or on the court's own motion,
the court shall cause a record of the interview to be made when the
child is 12 years of age or older. A record of the interview shall
be part of the record in the case.

Please note, that even when the child is old enough to voice his/her preference of who to live with, the child DOES NOT choose. The judge considers his/her preference, among other things, and then makes the decision based on the best interest of the child.

My disclaimer--I AM NOT AN ATTORNEY

The child does not choose, but the court will consider the child's wishes. I suggest that you seek modification of custody if that is something you believe is in the child's best interest.

I have two kids and my youngest who is 9 told me that his step mom told his sister who will be 12 in march that she will be able to choose who she wants to stay with, is that true?

I have two kids and my youngest who is 9 told me that his step mom told his sister who will be 12 in march that she will be able to choose who she wants to stay with, is that true?


The only state that allows a child to choose is Georgia at 14 and this is only assuming that both parents are fit. Most states do allow at around 12-14 to speak to the judge and express wishes but as stated above their wishes are only considered and decision is not solely based on that.

The only state that allows a child to choose is Georgia at 14 and this is only assuming that both parents are fit. Most states do allow at around 12-14 to speak to the judge and express wishes but as stated above their wishes are only considered and decision is not solely based on that.

Thank you,
I was just curious because my son just brought it up on our last conversation, but he thinks he doesnt have any say,the thinks that his sister will be able to choose for him

The cite from the Texas Family Code is exactly correct. A child may file an election with whom they want to live at age 12. It is presumed that it is in the child's best interests to live where they have elected, but it is a rebuttable presumption, and the Judge or jury makes the ultimate decision.

I do know some kids will elect to live with dad this year, with mom next year, etc. Judges get very tired of this, and will put a stop to the child running the show.

Call a local family lawyer, and get advise. If you need help finding someone, send me a private message, and I'll help. I'm a family lawyer in Alvin, Texas, just south of Houston.

Sharon Middleton

Please contact me if you are the Lawyer from Alvin Texas I have many questions. Please please

timothyandcrystal@msn.com :p