Legal Question in Family Law in Texas

Texas doesn't allow children to choose which parent they want to live with. There is no "magic age."

There is a mechanism whereby a child can make his wishes known to the court if there's a motion to modify pending (an interview with the Judge in the Judge's chambers, IF it is requested), but the child's election is not binding on the court.

Your current husband's income is NEVER figured into the ex-husband's child support calculation, since your present husband owes no duty to support someone else's child.

Once your daughter reaches the age of 12, the court MUST interview her in chambers to see where she prefers to live if a party makes that request (Motion to Interview Child in Chambers).

The court MAY interview a child younger than 12 at the court's discretion.

Your daughter's preference is not binding on the court. The court still has the duty and the authority to make its final decision in light of the child's best interests. For example, if a child says "I want to live with daddy because he never makes me take a bath or do homework," the judge is not going to let the child move.

And that's where your input comes in. Your ex will have to file a petition to modify the parent child relationship and ask to be named the primary conservator. Then he will have to file the Motion to Interview that I mentioned above. Then you will file an answer and maybe a counterpetition and after that you will go to trial (if you can't settle the issue). When you go to trial, you get to explain to the judge why moving in with your ex is not in the child's best interest.

You are better off settling your case if you can. You can agree to things in settlement that the judge cannot order. Settlement can produce a much better outcome to your specific facts. Try to avoid trial but don't be afraid of it either.

Good luck!!