This is a very common question and one which is HIGHLY misunderstood. The Texas Family Code section that deals with a child being able to choose a parent to live with is found in §153.009. This is the new statute and repeals the old law found in §153.008.
The old Texas statute stated that a child 12 years of age or older could file with the Court in writing the name of the parent who the child would choose to have the right to determine where they lived, subject to the approval of the court. This DID NOT mean that they could choose which parent they wanted to live with. It meant that they could let their preference be known to the court and the court would decide. This is a common misconception. The choice was simply evidence to be considered with all the other evidence.
As I mentioned above, however, this Texas law has been repealed. What ended up happening is that each parent would get the child to sign the paper to choose them, putting them squarely in the middle of the litigation.
The new Texas law still lets children have a voice or choose, but in a different format. The new Texas law (§153.009) allows a party (a parent) to request the judge to talk with the child. If the child is over 12 years old, the judge has to meet with the child. If the child is under 12, then the judge may meet with the child but is not required to do so. The new law allows the child to have a say so on visitation with a parent as well, if the judge wishes to hear this evidence, not just which parent chooses where they live.
As stated earlier though, this interview is just evidence the court can use to make a decision. The court is not required to follow the child’s wishes.
I hope this makes the issue of when a child can choose which parent to live with in Texas a little bit clearer.
Tags: child custody, Children, Conservatorship, Divorce
I have a 15 year old son whom has been unhappy with living with his mother for the past 3 years now. We are a family of 8 and pockets are always tight. How would one go about making such a request to the Court?
Thank you in advance for your prompt attention to this request.
With kindest regards,
Joe Castillo
You would have to file a petition to modify the prior order with the court that issued the prior order.
how long does filing a petition to modify generally take? We would like him to start school here on time, 8/22. Is that something that is a foolish goal?
In the state of Texas can a child choose to live with guardians other than their parents who are not blood related? If so, at what age would a child be allowed to make such a request?
My two grandchildren, age 13 and 11, have said they want to live with their mother in Scotland even though my son has custody here in Texas. When can their desires come into play? Can they be forced to stay with their father, especially when the mother has history of drug abuse? Thank you.
I have a sister whose 9 years old she’s been telling my mom that she’s tired of living by herself at home when her dad is at work he stopped sending her with the babysister, not only that she comes and tells my mom and me that the babysitters daughter would pinch her and his ex-girlfriend would make nasty comments and would hit her. Ok now my mom isn’t able to pay child support because she has bills, rent, grocery shopping, gas, and a 50,000 medical bill from surgery to pay and she ends up with now money now she’s getting sent to court to see what is the deal that she hasn’t paid. Even though my mom is going through a tough time when my sister turns the legal age to decide what parent to live will she be able to have any percent chance the my mother will have the custody of my sister? Another question he hasn’t done what he was supposed to do is change his schedule from work to have time with my sister because all he cares is having money and getting that child support money too. He’s been making my mom take care of her every week when he is not following on what the papers say and makes her drive 45min to his job and yet that same day he calls night saying that he needs her back by the next day he leaves her at home all day he goes in at work by 7am and gets out by 11pm. My other question is what can we do for him to go to court not only that are ilegal immigrants allow to have custody of the child?
I have two children ages 12 and 7. My twelve year old has expressed interest to live with her father. Currently he and I are awaiting our court date because he is over $25,000 behind in child support. He has since started paying again only since we went to mediation at the attorney general’s office. He makes substantially more money than I do (over four times as much). My question is if one of my children lives with him and the other remains with me, what happens with the child support. I know with two children it is based on 25% but what happens when we both have a child, is he still required to pay some since he makes so much more than I do? Thank you
My son’s mom agreed for him to live with me since summer. He is currently enrolled in school and is doing great. My question is, why do I still pay her child support when he is living with me? He has been with me for 2 months. She said she was going to cancel child support but she hasn’t and probably won’t. How can I change this? I hate to giver her money when he doesn’t live with her. I have never been late on chile support for the last 13 years.
Hello my Name is Natalee and I’m 14 and a long time ago the court gave my grandparents custody of me and now I feel like i need to go live with my real mom. I only get to see her for a little while on the weelend right now I am having trouble in school and at the house, I need to move I love my mom and i wanna live with her thank you.
I am a thirteen year old female and I don’t want to live with my mother, but she recenly took me away from my abusive father. Before I lived with my father I lived with my aunt for 9 years and I want to live with her again. How can I make a court order or be able to live with her?
Hi, what happens when the child turns 16? Does that change the procedure or do they still need to go through the courts.
My sons are currently 13 and 15 years. Their father has gone overseas and the children are living with their step mother for the next 2 years? The oldest has wanted to come and live with me for over a year now however he is still expected to live with the step mother.
I do not live in the US so a move to live with me is a very big one.
Any comments?
Mary Claire
Lehnna Arteaga:
You should go to CPS or the police immediately.
That you know this info but do nothing with it is extremely concerning to me.
Start standing up for the minors who can not.
Thank you for this. But what I would like to know if this also applies for children wanting to live with their grandparents. I am wanting to live with them instead of my mother since my father could never be an option, since he being deceased. It is his parents I am wanting to live with. My age is not being released to the public.
Are grandparents included in the law can they have the same status as a parent
They are included in the law and can have same status as a parent in certain situations. Read more of my blogs for further info.