Legal Question in Family Law in Texas

Custody Age

At what age can a child decide for themself which parent they would like to live with and the court accept that request? Also at what age can a child decide whether they want to continue with court ordered or agreed visitations?


Asked on 12/03/08, 12:04 pm

1 Answer from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: Custody Age

At age 12 the child can sign a statement of preference. The judge is not obligated to abide by the child's selection, but it usually carries some weight in determining the judge's decision. Of course, the older the child is the more importance the judge will place on the child's opinion.

Judges differ on whether a visitation order must be enforced until age 18. Some judges use orders that allow the child to have decision making authority at some age - usually about 14-16 years old. Others are more strict in requiring visitation.

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Answered on 12/03/08, 3:24 pm


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