Legal Question in Family Law in Texas
When do the kids get a say?
I am the stepmother of two boys (ages 13 and 15). We live in Texas, their biological mother lives in Indiana. According to the Standard Visitation orders, she gets the children nearly every time that they have an extended break from school which most times includes THE DAY they get out of school until the day before school resumes. The boys have no problem going to visit their mother -- they would just like to be able to spend some of their time out of school at home. They are very involved in sports activities and have a life here that they don't get to participate in during school breaks (i.e. 6 wks out of 8 wks they have to be in Indiana for the summer). They keep asking why they're being punished for her choices to go back to Indiana. I can't answer them because I thought once a child turned 12, they could atleast have some input?? Thanks.
2 Answers from Attorneys
Re: When do the kids get a say?
Once a child reashes the age of 12, the child has a "vote" in questions of managing conservatorship. The "vote" is not binding on the court. Although your problem is not one of managing conservatorship but of the possession schedule, I suggest you file a motion to modify and file the kids' "votes" - including requested changes in summer possession. If a hearing proves necessary, you should consider having the judge speak directly with the kids, which the law allows.
Re: When do the kids get a say?
You may file a motion to modify the visitation
and request the court talk to the children. The
over-12 reference you make is the age at which a
child may state a preference to the court of a
conservator. It is not binding on the court, but
often it is persuasive. However, you are dealing
with possession, not conservatorship.
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