Legal Question in Family Law in Texas
custody
at what age does a child choose which parent he can live with and what is the procedure for him when the time comes. also what can we expect the other spouse to do as far as retaliation(or) can they do anything to make it difficult for the child to choose.
Asked on 5/07/06, 10:27 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: custody
This is an oft-misunderstood statute. The child can advise the court of their choice of parent to designate their primary residence at age 12.
There is nothing binding about this choice. The court may well ignore the child's wishes if the judge determines that it is not in the child's best interest.
Any retaliation by a parent is subject to a contempt proceeding. I would have no way to guess what the other parent may say or do in this case.
Answered on 5/09/06, 9:21 am