Legal Question in Family Law in Texas

Age of decision making

In Texas, at what age may a child decide where and with whom they will live, whether it be with parent, guardian, ex-step parent, boyfriend, etc?


Asked on 6/27/02, 8:30 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Age of decision making

When the child turns 18 and becomes an adult he/she can live whereever he/she want.

If you are asking about a minor child, then in Texas after the age of 12 a child can fill out a document that states where they want to live but it is the Judge's final decision.

For example, a 14 year old wants to live with Mom because she does not make him go to school, she lets him run the streets all night, lets his girl-friend spend the night with him and she lets him do illegal drugs. Even if the child wants to live with her, upon appropriate evidence the child will probably live with Dad.

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Answered on 6/28/02, 6:47 pm
Laura D. Heard Law Office of Laura D. Heard

Re: Age of decision making

A child in Texas is subject to his or her parents' choice of where they will live as long as the parents are married and the child is under the age of 18. When parents divorce, one parent (usually the managing conservator) is given the right to choose where that child will live until the age of 18. In a suit to determine who will be managing conservator, the child who is at least 12 years of age can file an affidavit of choice and the judge is obligated to consider it, but may still rule against the child's wishes. Before the age of 12, it is up to the judge whether he wants to consider any testimony by the child. Other than that, the only way a minor child has any right to choose where he lives is by becoming emancipated--having a judge order that the child is no longer a minor. Whether it is a change in managing conservator or an emancipation suit, you should hire an attorney.

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Answered on 7/07/02, 7:07 pm


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