Legal Question in Family Law in Texas
can my child decide to live with me?
My children, 12 and 13 have lived with their mother since 2000. They have decided they want to live with me because of physical abuse as well as being around drugs. Can they make that decision at this age and what forms do I need to file?
1 Answer from Attorneys
Re: can my child decide to live with me?
The children can state that they want to live with you but it is NOT binding on the Judge. The Judge will decide to change custody if the Judge determine it is in the best interests of the children to change custody.
You need to file a modification asking the court to give you primary custody of the children.
The children usually do not testify in court. So you will need witness(es) willing to come to court to testify to the reasons you should now get custody.
Having kids around drugs and physical violence are 2 good reasons to change custody.
Good luck!
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