Katy, TX asked in Family Law for Texas

Q: We were awarded PMC with parental rights of my wife's first cousin. Can she choose at age 15 to go back to her mother?

My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?

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1 Lawyer Answer
Rick  Davis
Rick Davis
Answered
  • Bryan, TX
  • Licensed in Texas

A: She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's preference, howevever.

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