Legal Question in Family Law in Texas

My child is of legal age now to decide where she wants to live

My divoce was in Texas but I am a resident of South Carolina. My child is old enough by Texas laws to decide where she wants to live. What do I have to do now to have her live with me? If it is to go back to court, can I do it here or do I have to have it done in Texas?


Asked on 7/08/01, 2:00 pm

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: My child is of legal age now to decide where she wants to live

In Texas, a child can tell the court their preference of which parent they want to live with at age 10 but that will change to age 12 in September. Thr proper court to hear the case is the state and county where the child lives and has lived for the past 6 months. Where you live and where the divorce was granted are not the determining factors, although you will need to transfer the case from the divoce court if the child has moved. Be aware that the judge does not have to grant the child's wishes. Where the child winds up in is the court's hands and judges do not always agree with the children.

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Answered on 7/12/01, 7:38 am


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