Legal Question in Family Law in Texas

You probably can't. According to the Texas Family Code, the court MAY change conservatorship (custody) if a child 12 years or older says she wants the change. That is "may" change . . . not "will" change. The court has to determine whether the change is in the child's best interest. Most judges, but not all, don't care too much about what a 12 year old has to say. But by the time a child is 16 or 17 years old, the court is very likely to let the child live where she wants. To prevent the move, you need to file an answer to the lawsuit and then, at trial, try to prove that it is NOT in the child's best interest.

If the father has NOT hired an attorney, you might hire one and, after filing an answer and waiting another 30 days, file a no-evidence motion for summary judgment. No self-represented litigants know how to properly respond to and MSJ (a lot of attorneys don't know). But once you prevail on the MSJ, he can just file again the next day and start the process all over again.

If you believe that it is NOT in the child's best interest to move to her dad's place, then ask the court to appoint an amicus attorney ($$) or go to trial and try to prove that it is not in the child's best interest. You can also ask for a social study, send discovery to try to limit his arguments at trial, etc.

If dad's living environment is safe enough and the child can continue her education, then you might consider trying to negotiate a settlement whereby the child goes to live with her dad and you don't pay any child support.

I'm sorry you're having to endure this painful ordeal. Good luck!!

Retain a competent attorney and prove to the court that her father is not fit and that it would be in your daughter's best interest to remain with you, if you have this evidence available.

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