Legal Question in Family Law in Texas

How old does a child have to be to choose which parent they live with

I had joint custody of my 12 yr old and saw her every other weekend and often b/c we lived on the same street. When katrina hit they went to Texas and I've seen her only 3 times since. She is coming home for the summer and doesn't want to return b/c of constant fighting between her dad and stepmom. Neither do her 2 stepsisters and stepbrother. At what age can she say she wants to stay with me, her mother?


Asked on 5/02/06, 6:16 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: How old does a child have to be to choose which parent they live with

First of all, since your child lived in LA for her entire life, the LA court would be the one to decide if the child should return to LA or stay in Texas. File for change of domiciliary status. The court understands that Katrina caused many moves that were not intended, but the law still says you have to get the visiting parent's permission to move out of state, or in this case to stay out of state with the child.

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Answered on 5/03/06, 6:54 am


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