Legal Question in Family Law in Texas

My son is 15 when does he have the right to choose where he lives


Asked on 12/26/13, 2:17 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

The short answer is no.

Children (under the age of 18) cannot decide what they want to do. Their parents and/or legal conservator determines it.

If you want a change in a current court order, and both parties agree - it is easy to modify a court order.

If the other party does not agree to the change, then you will have a hearing in front of a judge (or be ordered to mediation to settle the dispute) and the judge will determine it. The burden to prove that the move is good for the child is on the person wanting to change custody. Often excessive absences from school are a good reason to change custody.

At 15, a child can talk to the judge but the child's preferences are not binding on the judge.

Judges recognize that kids usually want to live with someone else around this age - it is not unusual at all.

I hope this info is helpful. You did not include many details to help answer your question.

If you are in the Harris county or a county close to Harris county, you can call me.

www.familylaw4u.com

Happy New Year!

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Answered on 12/26/13, 5:22 pm


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