Legal Question in Family Law in Texas

child custody/child chosing where to live

child is 15.Joint custody with mom having managing conservatorship for 8 years. Father has liberal visitation. child wants to spend more time with father. mom says if he takes her every day that he is supposed to (which he doesn't) and wants more time then we can talk about it. Father actually just takes her whenever he wants and now he doesn't care what mom wants. He thinks that if the child chooses at this age, Mom has no say in the matter. What is legally true?


Asked on 4/16/02, 4:57 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Re: child custody/child chosing where to live

The biggest myth in family law is that a child of a certain age can select which parent he or she wishes to be with. The truth is that a child over 11 can chose which parent is to be the managing conservator, SUBJECT TO THE APPROVAL OF THE COURT. The judge does not have to follow those wishes. Of course, the older the child, the more likely the judge is to do so.

The selection of managing conservator, however, would not eliminate mom's possession with the child, it would just switch the position of the parties (and probably child support).

It sounds as if dad is not following the court orders now. That can also influence the judge, but only if mom wants him to follow the orders.

Remember that the older a child gets, the less control that any parent has over their activities. Sports, friends, music lessons, etc. get in the way and it is difficult to keep a standard schedule for a child of this age.

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Answered on 4/16/02, 6:29 pm


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