Asked in Child Custody, Divorce and Family Law for Texas

Q: how old does the child have to be to be able to choose which parent he/she chooses to live with ?

2 Lawyer Answers
Michael Glynn Busby Jr
Michael Glynn Busby Jr
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: At 12 the court must interview a child 12 years and older. It is called a preference. Judge does not have to do what the child has requested. But the court can interview children at any age, it is just discretionary

1 user found this answer helpful

Jon R. Boyd
Jon R. Boyd
Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: At no age does the child “choose”. But at the age of 12 a child may tell the judge with whom she wants to reside.

The judge does not have to do as the child wants, however.

1 user found this answer helpful

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