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What age legally can child choose which parent to live with in Texas?

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  • What age legally can child choose which parent to live with in Texas?

    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.

  • #2
    http://www.capitol.state.tx.us/statu....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
    Last edited by pty; 08-02-2005, 06:40 PM.

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    • #3
      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.

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      • #4
        and In Idaho?

        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?

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        • #5
          Originally posted by nomilee
          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.

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          • #6
            thank you

            Originally posted by Suzy72
            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

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            • #7
              Age of election in Texas

              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.

              Sharon Middleton
              Last edited by cbg; 04-16-2011, 01:41 PM.

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              • #8
                Alvin Lawyer please contact

                Please contact me if you are the Lawyer from Alvin Texas I have many questions. Please please
                Last edited by cbg; 04-16-2011, 01:38 PM.

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                • #9
                  i need help

                  i am only 13 years old and i want to live with my mom. i have so many questions!!! please Sharon Middleton email me i want to be an lawyer and i need to know these questions!!! pppplllleeeaaassseee see this soon!! i have reasons and back up proof and records in writing please see this soon. email me at (deleted) thank u
                  Last edited by cbg; 04-16-2011, 01:38 PM.

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                  • #10
                    First of all, Atty Middleton has not been back since 2006.

                    Second, the laws have changed in the last few years. It is NOT true any longer (if it ever was) that a 12 year old can choose which parent they want to live with. In any state.

                    Third, it is against the rules of this site for an attorney to solicit business from the posters.
                    Last edited by cbg; 04-16-2011, 01:42 PM.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      i am asking for her/hims advice not for working together get that right my dad manipulates my moms attorney to not give the right points he BRIBES her thats why i have some questions to [email protected]!

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                      • #12
                        Sharon Middleton hasn't posted on this forum since 2006 so it's "not likely" she
                        will respond to your post.

                        Also, at your age, you don't get to decide which parent you are going to live with.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                        • #13
                          Originally posted by wolfy411 View Post
                          i am asking for her/hims advice not for working together get that right my dad manipulates my moms attorney to not give the right points he BRIBES her thats why i have some questions to [email protected]!


                          Hon, this is really between your parents. You cannot choose where you want to live; if one of your parents wishes to change the current custody arrangement s/he will need to take it to court.

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