Legal Question in Family Law in Texas
age at which a child can choose with whom they live
Can you advise at what age a child of divorce can choose with whom they live? If they choose the parent that is not currently assigned primary custody (in a joint arrangement), do we then need to have the court modify the child custody order and adjust child support payments?
Thank you.
2 Answers from Attorneys
Re: age at which a child can choose with whom they live
At age 10, a child in Texas can generally determine where he wants his primary residence to be. There are no absolutes, and the judge is always supposed to do what he determines to be in the best interest of the child.
It is best to have any arrangement put into a modification of the existing decree.
Re: age at which a child can choose with whom they live
The age that a child can designate which parent he or she would like to live with is age 12.
The Texas Legislature originally chose 12 then lowered it to 10 then raised it back up to 12.
The choice is not binding on the Judge.
At age 18, then can do whatever they want.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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