Misconception: In Texas, when my child is 12, he can decide which parent he wants to live with.
People approach me often and ask “Can’t my child decide to live with me when he turns 12?” The answer is not really.
Texas Family Code Section 153.009 says that if a party requests, the court must interview a child age 12 or older to determine the child’s wishes as to conservatorship or which parent he or she wants to determine his or her primary residence. It is a common misconception if the child wants it, it will happen if he is 12 or older. Because Texas Family Code Section 153.002 says that the best interest of the child must always be the court’s primary consideration, the judge’s interview with the child is merely evidence the Court will use to determine if primary custody switches from one parent to the other. The Court has the discretion to determine how heavily to weigh what the child wants.
In Tarrant County, the younger the child, the less weight the child’s desire holds. There are many other factors the Court will consider when determining if a child will be permitted to move from one parent’s home to the other parent’s home. Why does the child want to move? Is the parent pressuring or manipulating the child in some way? Has the parent promised to give the child something if the child chooses to live with him or her? A car, perhaps? Does the child have any medical or psychological issues? How is the child doing in school? Would the child have to change schools if he or she moved? Where are his or her siblings living?
In a divorce or custody suit, children have very little input, if any, regarding where they live. The older the child, the more weight the judge will give to what the child wants, but the judge is not required by law to do what the child wants. It all boils down to if it is in the best interest of the child. The judge will look at the circumstances as a whole to determine what is in the best interest of the child.
This does not address a situation where the child doesn’t want to visit a parent at all. Children get no say in whether or not they see a parent. The courts believe it is your job as a parent to encourage your child to visit the other parent. Of course, this is provided there is no physical or sexual abuse, no drug issues, or alcohol abuse issues.
People approach me often and ask “Can’t my child decide to live with me when he turns 12?” The answer is not really.
Texas Family Code Section 153.009 says that if a party requests, the court must interview a child age 12 or older to determine the child’s wishes as to conservatorship or which parent he or she wants to determine his or her primary residence. It is a common misconception if the child wants it, it will happen if he is 12 or older. Because Texas Family Code Section 153.002 says that the best interest of the child must always be the court’s primary consideration, the judge’s interview with the child is merely evidence the Court will use to determine if primary custody switches from one parent to the other. The Court has the discretion to determine how heavily to weigh what the child wants.
In Tarrant County, the younger the child, the less weight the child’s desire holds. There are many other factors the Court will consider when determining if a child will be permitted to move from one parent’s home to the other parent’s home. Why does the child want to move? Is the parent pressuring or manipulating the child in some way? Has the parent promised to give the child something if the child chooses to live with him or her? A car, perhaps? Does the child have any medical or psychological issues? How is the child doing in school? Would the child have to change schools if he or she moved? Where are his or her siblings living?
In a divorce or custody suit, children have very little input, if any, regarding where they live. The older the child, the more weight the judge will give to what the child wants, but the judge is not required by law to do what the child wants. It all boils down to if it is in the best interest of the child. The judge will look at the circumstances as a whole to determine what is in the best interest of the child.
This does not address a situation where the child doesn’t want to visit a parent at all. Children get no say in whether or not they see a parent. The courts believe it is your job as a parent to encourage your child to visit the other parent. Of course, this is provided there is no physical or sexual abuse, no drug issues, or alcohol abuse issues.
Ami J. Decker
www.famlawtex.com
