Legal Question in Family Law in Texas
Off to Dad's
I have been divorced for about 1 year. I have legal custody of my two sons ages 11 and 15. My exhusband has recently remarried and lives in another state with his new wife and two daughters ages 6 and 11. My 15 year old wants to go live with his father. My exhusband lives in a two bedroom trailor with his new family and has no sleeping arrangements other than the living room couch for my son. Would a transfer of custody even be allowed in this situation? Also, is my son at an age where he can choose to live with his father, even if I am against it?
1 Answer from Attorneys
Re: Off to Dad's
Your son can make a choice as to which parent he wishes to live with after age 10. Usually, the living conditions or economic position of one parent opposed to another are not a significant factor. I would predict that if the child makes the choice, the judge would allow it unless there is some great extinuating circumstance that I'm not aware of.