Legal Question in Family Law in Texas

If my divorce agreement states that my child can choose where she lives at the age of 12, do I have to honor her wishes? The divorce was done in Colorado, I live in Texas and the other party lives in Vermont she's been living with him for the last few years but I no longer feel this is best for her.


Asked on 7/05/14, 10:26 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I think you need to transfer the case to Vermont where the child now resides.

I don't know Vermont law. Texas does not have anything that says a 12 yr old can select where she lives.

I had a case many years ago where 15 yr old wanted to live with Dad very badly. Sister (over age of 18) testified that brother and father smoked pot together every day -- child did not go live with Dad and Dad got supervised visits due to endangering the child. Sometimes kids don't know what is best for them!

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Answered on 7/07/14, 8:42 pm


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