Legal Question in Family Law in Texas

Re: childs residence

By law, at age 12 a child may file with the court in writing the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child, which in plain English means the parent with custody. The court is still supposed to consider additional factors in determining whether the child's choice is in the child's best interest. It truly depends on the jurisdiction and the judge as to how much weight is given to the child's choice. Some judges rarely overrule a child's choice, while others simply consider it as part of the overall picture of the best interest of the child.

Good luck.

Betsy F. Lambeth

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