Legal Question in Family Law in Texas

In Denton County Texas, at what age can a child decide what parent they want to live with.


Asked on 4/17/10, 12:08 pm

2 Answers from Attorneys

The laws regarding a child's input into who they wish to live with recently changed. It used to be that a child over the age of 12 could put their preference in writing for submission to the Court. Now, that writing is no longer allowed. Instead, the child must speak with the judge personally in chambers. While the judge will always consider the child's input into his or her preference, the judge is ultimately free to make any decision he or she believes would protect the best interests of the child when it comes to which parent the child should reside with.

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Answered on 4/22/10, 12:19 pm
Fran Brochstein Attorney & Mediator

Anita is right. The TX legislature made the change last session and since Denton county is in Texas it applied to that county too.

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Answered on 4/23/10, 11:46 am


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