Legal Question in Family Law in Texas
child's desire to live with other parent
i know that @ 12 yrs. old a child can request to live with either parent. My daughter will turn 12 July 31 and has asked to go live with her father. I have told her and her father that I'm not voluntarily going to allow that. Well needless to say it has put strain on both relationships with my daughter and I as well as his and mine. My concern is he has not been involved in her life up until recently. He saw her a couple of times after birth and up until I filed with atty. gen there has been no contact. They first met in October of last year. I feel that it is too soon for me to allow her to be uprooted and to make that life changing decision . It has only been 9 months after him not being around her entire life. He and his wife think this is unreasonable of me and are making moves to go to court. My daughter is very angry at me and i believe because of them she blames me entirely for him not even being around all these years. My question is when we go to court what are the chances the court will allow her to live with him? Do i have a chance at all to retain her primary residence here.
1 Answer from Attorneys
Re: child's desire to live with other parent
Without a lawyer on your side, your chances are diminished significantly. With a decent lawyer, you may be able to forestall this. At least until she is a little older and able to make more rational decisions. Dad is now making an effort to be a part of her life, and that needs to be encouraged, so that your daughter does not see you as the bad guy. Encourage visitation, and get a lawyer.