Legal Question in Family Law in Texas

My daughter is 11 and fixing to turn 12 in December. She is wanting to come and live with me, at what age can she legally decide who she wants to live with? If she does come and live with me, what percentage of my wages will go to my other two daughters that will still be living with there mother?


Asked on 5/24/10, 5:28 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

There is no age at which a child can choose which parent he lives with.

We don't let an 11-year-old decide what she eats for supper, or how late she stays up; we certainly don't let her decide where she's going to live.

If you did file a motion for modification, and the court decided that she should go live with you, then child support should be calculated this way:

The court would compare (a) 22.5% of YOUR net income to (b) 16% of your wife's net income, and whichever number is MORE, that ex-spouse would pay the other spouse the difference each month as child support.

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Answered on 5/25/10, 12:24 pm
Fran Brochstein Attorney & Mediator

Technically it's 18.

The law in Texas changed, the legislature took away the 12 yr. old writing a statement if that's you are referring to. Now the judge must meet the child in his/her chambers.

Talk to an attorney.

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Answered on 5/25/10, 12:29 pm


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