What Age Can A Child Pick Who They Want To Live With?

At What Age Can a Child Decide Who They Want to Live With in Texas?

If you’re navigating a family law issue in Texas, particularly in the Dallas-Fort Worth metroplex, one common question is: At what age can a child choose the parent they want to live with?

In Texas, a child who is 12 years of age or older has the right to express their preference about which parent they’d like to live with. This preference is communicated directly to the judge, typically during an in-chambers interview, rather than in open court. However, it’s important to understand that this expressed preference is not the sole deciding factor in custody decisions.

What Does the Law Actually Mean?

While the law allows a child to voice their opinion starting at age 12, this is just one piece of evidence that the court will consider. The judge’s primary concern is always the best interests of the child, which involves evaluating a range of factors, including:

• Each parent’s ability to provide for the child’s physical and emotional needs.
• The stability of each parent’s home environment.
• Any history of abuse, neglect, or other safety concerns.
• The child’s relationship with each parent.

Even if a child expresses a preference, the court may decide differently if the evidence suggests that living with the preferred parent would not serve the child’s best interests.

What Happens Next?

If you’re considering modifying a custody order based on your child’s expressed preference or other factors, it’s essential to present comprehensive evidence to support your case. This might include testimony, school records, or other documentation demonstrating why a change is necessary.

How We Can Help

At the Law Office of Chris Schmiedeke, we specialize in divorce and child custody cases throughout the Dallas-Fort Worth metroplex. Whether you’re initiating a custody modification or need guidance on other family law issues, we’re here to help.

• Call us: (214) 989-7375
• Email us: info@chrislawyer.com

If you’re outside the Dallas-Fort Worth area but find our content helpful, be sure to subscribe to our YouTube channel for regular updates on family law topics. Staying informed is a key step in navigating these challenging situations.

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