Legal Question in Family Law in Texas
I live in houston,tx my son is 12 is it true at 13 he can decided where he wants to live, with me or his dad
3 Answers from Attorneys
Your son may express a wish and even tell this to the judge. The real question is who is the best parent givien all the circumstances. A child's wish is not automatic. The judge must decide what's in the best interest of the child.
No.
The child gets to decide where he lives the moment he turns 18!
There used to be a form that the child could sign when he was 12 or older but it was NEVER binding on the Judge. The Texas Legislature eliminated "the form" when it last met.
Now The TX Legislature requires that the judge must interview the child in chambers.
If you want to modify custody, the parent must file a Modification.
If you want a consultation, I charge $2 per minute to talk. It sounds like you've been getting some bad & out-of-date information.
Once a child turns 12, you can request that the judge confer with the child in chambers. While it is up to the judge, my experience is that generally the Court will abide with the child's desire. I am a board certified specialist in the field of family law, practicing in the general Houston area. I would be glad to offer you a free consultaion to discuss the issues of your case. If interested in visiting, please contact me directly at 713-600-5500.
Bruce C. Zivley