Nov 13, 2014
“At what age can a child choose which parent they want to live with?” and “At what age can a child decide they do not want to have visits with a parent?”
Texas family law provides NO age where a child can make these decisions for himself or herself. A few years ago, a child of a certain age could designate to the court which parent that child wanted to primarily live with, but it was never binding on the judge; the family law judge could, however, carefully consider the desires of a child.
When that law was abolished, it was replaced by one that allowed a party (not the child) to request that the judge interview the child. If the child was 12 years old or older, then the judge had to take the interview. If the child was younger than 12, the judge could interview the child at the judge’s discretion.
A parent should under stand a few things before asking a family courts judge to interview the child:
Obviously, making such a request could backfire on a parent. Most family law attorneys and judges believe that the child should not be brought into litigation between the parents. The child is, after all, a child.
That being said, the older that a child is, the more likely that a judge will listen to the child’s desires. I have rarely seen a judge make a 17 year old have the same restrictions as a younger child. Texas Family Code does not provide that it is ever the child’s choice.
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Bob Leonard Law Group, PLLC
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