Legal Question in Family Law in Texas
child custody
At what age can a child decide which parent they want to live with? If the current custodial parent does not wish for the child to move in with the non custodial parent, can anything be done about it legally to keep the child from moving in with the other parent?
1 Answer from Attorneys
Re: child custody
The Texas Family Code states that a child age 12 or older is entitled to sign a statement of preference concerning which parent the child prefers to live with on a day to day basis. That statement is not binding on the judge. The decision concerning which parent has primary possesssion of the child is based on which situation would be best for the child. If there is an order in place now (your question sounded as if there is a final order in effect now) the parent wanting to change custody must prove that the situation now is significantly different than at the time of the last order and that the change in circumstances justifies a change of custody.
If child custody is an issue, it would be wise to hire a lawyer.
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