Legal Question in Family Law in Texas
Child custody change
What is the earliest age at which a child can decide can make the decision of which parent they want to live with when custody has already been estrablished in the state of texas?
2 Answers from Attorneys
Re: Child custody change
A child can execute an affidavit in this situation at the age of 12. However, the court will still decide the matter on what is in the best interests of the child.
Re: Child custody change
A child cannot unilaterally just make that decision. In Texas, a ten year old child can choose a managing conservator, but it is still subject to the approval of the court. In other words, the judge can take the child's choice into consideration, but can still rule in the way that the judge believes is in the best interest of the child. The court will be looking to see if the child seems to understand the decision and has the maturity to decide or if the child has been subjected to undue parental influence.
Also, the choice must be in the context of a legal action. In other words, at least one parent must have filed for a change of custody so that the judge has the authority to make a dscision.
Please check with an attorney of your choice to see what the situation is under your exact circumstances.
Bob Leonard, Jr.
477-6200
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