Legal Question in Family Law in Texas
In Texas is it true that in mediation minor children (ages 14 and 16) are "treated as any other community property" and do not have any recourse to their desires/needs as to which parent gets custody, how often they have to visit the non-custodial parent, etc.?
Asked on 5/14/12, 6:30 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
Children are never treated as property. Never.
If they are age 14 and 16, and have strong preferences about visitation and custody, a parent can ask that the children be interviewed by the Judge in chambers.
153.009 of the Texas Family Code uses the magic word SHALL. If you ask for it, it's mandatory - the Judge can't say "no." He must interview the child.
There's no requirement that he honor the child 's wishes, though.
Answered on 5/15/12, 6:54 am
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