Legal Question in Family Law in Texas
texas. my x husband and i have joint custody now, but our son will be twelve in november. he now wants to live with me . what is the process and can a child in texas decide which parent at age 12?
3 Answers from Attorneys
The "thing" that existed has been eliminated by the TX legislature.
Sorry! Now the judge has to interview the child in chambers.
You need to file a modification. If agreed by both parents, it's easy. If not agreed, then the judge gets to interview the child.
If you want a consultation, I charge $2 per minute to talk to you face-to-face. You can't beat that price!
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Based on what you have written, generally a child may not decide where they wish to live. The ultimate matter before the court is what is in the child's best interest. The judge will discuss what the child wants and why the child wants it back in judge's chambers. There are many factors which come into play with this ruling by the court. First, does the x-husband agree to this modification? Second, what are the reasons for the child wanting to now live with you? Third, what are the living arrangements at both your place of residence and your x-husband's? You need to have a local law firm discuss your specific facts and ensure that you are fully protecting your and your child's rights and interests. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at (281) 994-4034.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
What both attorneys have stated above is accurate. I have handled many cases such as yours over the past 20 years. I am a board certified specialist in the field of family law practicing in the Houston area. I do not charge a consultation fee and would be glad to discuss the options available to you if you would contact me directly.