Legal Question in Family Law in Texas
Who To Live With?
At what age can a child legally decide which parent they want to live with? Does child protective services only handle cases that deal with physical abuse? My 10 year old step-daughter has expressed some fears in going back to live with her mom and has even said she has had suicidal thoughts,but her mom insists on taking her back with her and claims she cannot choose who she wants to live with. Her mom tells her that she cannot live with us because she does not belong with us and if she takes her dad to court that no judge will grant him custody because we have three children already in the household(she makes 4). I have explained to my step-daughter that it doesn't matter how many children there are. My step-daughter claims that her mom makes fun of her and her mom's boyfriend says mean things to her as well. I have told her that are many kinds of abuse. There is physical abuse, emotional abuse, and verbal abuse. Can i call child protective services and express to them my concerns?
1 Answer from Attorneys
Re: Who To Live With?
When a child is 12 they can file a document with the court indicating who they prefer to live with.
This is a frequently misunderstood document, however. Who the child prefers does not determine who is the primary conservator, it is merely another factor for the court to consider when making their decision.
I am curious that your question never mentioned the child's father. What is his position in all of this?
Certainly it is wrong to ridicule a child, however, doubt that CPS will get involved in such an allegation, since they have complaints of endangerment.
If your husband however, believes that living conditions are harmful to his daughter, he should speak with an attorney about modifying the conservatorship order.
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