Legal Question in Family Law in Texas

There is a widespread myth to the effect that there is some age at which a child can decide which parent he wants to live with. This is false.

Up until last year, we DID have a provision in the Family Code that allowed a 12-year-old child to EXPRESS A PREFERENCE (in writing) to the court IF there was actually a custody case pending. That provision is now gone. The child's preference was NEVER binding on the Court.

There are, however, ways in which a child's preference can be communicated to the Court in a custody case. The Courts frown on a parent bringing an 8-year-old to the trial to testify that "I want to live with my father." One usually asks for the appointment of an attorney ad litem, who can tell the Court what the child wants, or a court-appointed counselor can relay the child's wishes to the Court (by testifying or filing a report).