Q: My grandchildren were placed in my home 12 years ago by CPS. Can they decide to go back with either parent?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.