Legal Question in Family Law in Texas

What age can a child decide and under what circumstances?

i won custody of my son about 5 years ago, hes turning 16 next month. he was taken from the mother by cps because she was unfit, he was put with the grandmother who was unfit as well, eventually put in a foster home and we went to court and i won custody. the grandmother has quite a bit of money and they try their best to manipulate his mind, offering him a new car and other things if he will come back and live with her(the grandmother.) he told me today that he hates living with us and that he was old enough to decide where he wanted to live... see we have rules here and he has responsibilities. i will not buy him a car when he turns 16 because he hasnt proven himself to me yet as far as being responsible. my wife and i keep a close watch on his well being and have a large part of his success in school. where he was when we got him and where he is now is night and day!!!! at the grandparents house its a free for all! shes had to raise just about every grandchild in their family! ive been told by many people that nothing good has ever come out of her house. like i said, if he was to go there he would have a new care and no responsibilites.

my question is can he just up and decide he wants to live over there? what conditions?


Asked on 3/29/09, 5:01 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: What age can a child decide and under what circumstances?

A child can write a statement to the court asking that he live with his grandmother but it is NOT binding on the court.

Also, a parent has superior rights to a grandparent. In order for a grandparent to try to get custody, if you won't agree to it, then the burden is on her to prove you unfit. It is a difficult hurdle to jump over.

Why are you letting his visit with grandparent? She sounds like trouble to me.

I offer a brief consultation for $100.

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Answered on 3/30/09, 3:28 pm


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