Legal Question in Family Law in Texas
What age can a child decide to change legal custody
My son is 11, he and his mom lived in Amarillo,Tx from 1994-1999. She moved est. 9 times in the amarillo area. Last year she moved back to Lubbock ,Tx so that my son and I could see each other more often. Even though I never missed a visitation with my son. and they lived 120 miles away so every other week end I drove est 480 miles to see him, and return him. While in amarillo my x gave birth out of wed lock to another child, now she is seeing the 2nd childs dad again in Amarillo, and I fear that if I don't get custody of him, she will move him back to Amarillo. So my question is, can an 11 year iold make his own decision in the state of Tx, as to who has custody?
2 Answers from Attorneys
Re: What age can a child decide to change legal custody
No. At age 14 a child is presumed to know what is in his/her best interests and so can express a desire to reside with one parent or another. At age 18 the child can choose without interference.
Investigate a greater time-sharing arrangement with your Ex if she moves back. Perhaps the boy could live with you during the school year and with his Mother in the summer or vice versa.
Re: What age can a child decide to change legal custody
In Texas, a 10 year old child can make an election to stay with a parent. The test that the judge will consider is what is in the best interests of the child. If the child is mature for his age ( and many 10 year old kids are now more mature), then you might have a chance. You should consult with several attorneys in your area to see if someone can help you. Contested matters of custody can be very expensive, but sometimes things could work out in your favor for less than expected.
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