Legal Question in Family Law in Texas
custody change of 16 year old
I have a 16 year old daughter. Her father has custody -- but I have possession 1/2 the time. I had custody of her brother who has now turned 18. She wants to change custody arrangements and live with me full time. What do we need to do? Can she just change her mind?
2 Answers from Attorneys
Re: custody change of 16 year old
The first step is for your daughter who is age 16 to sign a choice of managing conservator and state that she wants to live with you. The judge will most likely be inclined to listen to the desires of a 16-year-old. The court will consider things like the length of time that has passed since the last order. Ultimately, the decision is up to the judge to decide what is in her best interests. You will need to file a motion to modify the previous order, which should be done through an attorney. With the change in primary residence, there may also be a change in child support orders requested. Her father will still have visitation rights.
Re: custody change of 16 year old
As children approach 18, judges are less and less willing to interfere with a child's desires. In Texas, the child can designate whom she wants to be with at age 12, but the judge still takes the "best interest" of the child into consideration. The father will have rights of possession, however, so you might end up at about the same place that you are now.