Legal Question in Family Law in Texas

Minor law at age 12

Was wondering if there is any info on texas law of my daughter being 12 and choosing where she would like to reside. Her father has custody but is never home, and my daughter has been staying with abusive grandparents.. My daughter would love to come live with me but not sure if i would have to go to court for her to choose where she wants to live..


Asked on 11/25/08, 10:14 am

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Minor law at age 12

At age 12, a child can indicate her preference to the Court of who she would like to live with, but her preference is not binding on the Court. You would still have to file a modification of custody and show that it is in the child's best interest to live with you. The child's preference is just one factor the Court considers in making its decision.

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Answered on 11/25/08, 2:54 pm


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