Legal Question in Family Law in Texas
child
old does a child have to be in order to choose the parent they want to live with in the state of texas
Asked on 4/30/08, 7:41 pm
2 Answers from Attorneys
Fran Brochstein
Attorney & Mediator
Re: child
Technically it is 18.
At 12, the child can put in writing to the court who they want to live with but IT IS NOT binding on the Judge.
Answered on 5/01/08, 12:11 am
Arthur Bashor
Arthur N. (Art) Bashor, Attorney at Law
Re: child
In a suit for custody you can submit an affidavit by the child expressing a preference as to residence. The court will consider the child's preference, under the totality of the circumstances, and base its decision upon the best interest of the child. So it is just one factor the court will consider. The older the child, the more weight the court is likely to give to the child's preference.
Answered on 4/30/08, 7:58 pm
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