Legal Question in Family Law in Texas

My ex-wife and I divorced 4 yrs ago (in NM) and we have joint custody of our two girls 11 and 6 yrs old. The 11 yr old has been wanting to come live with me for the past 3 yrs because she can not been able to get along with her mom or her mom's fiance of 4 yrs. Her attitude toward her mom and fiance is getting worse every yr.

What can I do to get her come live with me and how old does she have to be to make her own decisions?

They live in El Paso, TX

Tony


Asked on 7/26/11, 10:25 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

She makes her own decisions when she's 18. Until then, she's a child.

There's a myth floating around to the effect that at some magic age (12, or 14, or 15), a child can decide which parent he will live with. It's a lie.

If you want to change any part of a court order that concerns a child, you file a motion for modification and prove to the court that it would be in the best interest of the child to change it. Plan to give your lawyer a $10,000.00 advance.

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Answered on 7/26/11, 7:54 pm


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