Legal Question in Family Law in Texas

Child Custody Change at Age 12?

According to her Texas (Brazoria county) divorce decree, my daughter has total custody of her two children. The oldest will turn 12 this month, March 2004. He thinks [and has a lot of pressure from his dad to think this way] that when he turns 12 he can automatically choose with which parent he wants to live with. Is this true? Does the father have to got back to the judge/court? Does this mean he needs an attorney and approxiately how much would it cost him? My daughter has recorded many incidents where the father has shown neglect to the child. Will she have an opportunity to challenge her son's going to live with his dadA?


Asked on 3/02/04, 11:31 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Child Custody Change at Age 12?

In order to change custody, there must be a modification of the current order.

One of the parents would have to ask the court to modify.

The child can state what parent he wants to live with but it is not binding on the court.

My best example regarding this matter is a 14 yr. old boy who wanted to live with his Dad because they smoked dope together. The Judge did not allow the boy to live with his Dad.

I hope this is helpful.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 3/02/04, 7:25 pm


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