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

Q: My grandchildren were placed in my home 12 years ago by CPS. Can they decide to go back with either parent?

Their parents are no longer together. But, live in Texas.

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1 Lawyer Answer

Jon R. Boyd

PREMIUM
Answered
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: Hello, this is Jon R Boyd, attorney. Let me see if I can help -

I assume the children live in Texas and the case is here in Texas.

Under Texas Family Law, in a child custody case, a child of 12 years of age or older may be interviewed by the Judge in his/her office to ascertain the child's wishes and hear the child's view of the facts. However, the child's preference is NOT binding on the Judge. The Judge will still made the decision based on the judge's decision regarding what is in the child's best interest. For example, one parent may have promised the child some inducement such as a new car, will let the child stay up late, etc., and the child then wants to live with that parent. But if that parent would not be the best for the child, the Judge will not let the child live there.

I hope this brief answer is helpful.

1 user found this answer helpful

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