Legal Question in Family Law in Texas
The matter is not regarding me but a close family friend. She is 15, her mother has full custody of her but she is extremely unhappy living with her. She wants to live with her father in Dallas if at all possible. She was never given the opportunity to decide who she wanted to live with which I believe she is legally entitled to. My question is: Can she choose who she wants to live with and how can she do so?
2 Answers from Attorneys
She cannot choose whom she wants to live with.
Nor can she choose what time she comes home in the evening, nor how late she stays up. She is a minor.
If there is a pending lawsuit the subject of which is conservatorship, a party can ask that the Judge interview the 15-year-old in chambers regarding her wishes. Her wishes are not binding on the Court.
I agree with the answer above, and I'd add that your friend should be careful about asking the Court to interview the child in-chambers. Many judges do not like it when parents request an in-chambers interview, even if they have the right to do so, and I've often seen it hurt the requesting parent's case more than it helped.
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