Odessa, TX asked in Child Custody and Family Law for Texas

Q: In Texas, how old does a child have to be before their wants are taken into consideration?

My 11 yr old has to go spend the weekends at her dad's with his girlfriend and her 3 boys, while he works. He is insisting that she can only go to friends houses or have any kind of plans on my weekends. He also keps telling her that he has to work so much to pay me, and that is why he doesn't see her when she is there. Is this right?

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1 Lawyer Answer
Eric Stephen Lafleur
Eric Stephen Lafleur
  • Divorce Lawyer
  • Allen, TX
  • Licensed in Texas

A: At 12 years old, the judge has to listen to (but isn't bound by) a child's preference as to her primary residence. The judge may, but isn't required to, listen to the child's preference about possession schedules.

Her father shouldn't be telling your daughter that he's having to work to pay you. That kind of thing should be kept between the adults.

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