Legal Question in Family Law in Texas

Husband wants to get his daughter.

At what age in Texas can a child decide for herself where she wants to live? She is in a home now that there is a lot of yelling and cussing by her mother and live in boyfriend. The child is very unhappy. She wants to live with her dad and me. She is ten.


Asked on 5/28/01, 1:25 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Husband wants to get his daughter.

The technical answer is when she turns 18.

The answer you are looking for is: in Texas the child can request after the age of 10. However, the Judge can ignore the child's request.

You need to file a modification based on a change of circumstance since the divorce and that it would be in the best interests of the child to make a change. The child's affidavit is part of this process.

Best of luck to you.

I you have any questions, please call me at 713-847-6000.

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Answered on 6/22/01, 6:12 pm


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