Legal Question in Family Law in Texas
What is the age a child may be allowed to chose with which parent to reside in custody issues? what is the statute?
Asked on 6/12/10, 6:46 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
There is no such age, and never has been. It just isn't the law in Texas.
At one time, a child age 12 or older could file a written notice with the court telling the court which parent he preferred to live with (IF there was a custody case pending), but the child's preference wasn't binding on the court.
That law was finally abolished last year - a child doesn't even get to file the written election.
Answered on 6/13/10, 4:54 am
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