Q: How do I contest a motion to confer with child?

A: A motion to confer with child is a request to the court to interview the child in chambers to determine the child’s wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. This motion can be filed by a party, the amicus attorney, or the attorney ad litem for the child, or by the court’s own motion. The court may grant a preferential setting for a trial on the merits and give precedence to that hearing over other civil cases if the delay will unreasonably affect the best interest of the child. Often, these interviews are deferred until final trial, following completion of a child custody evaluation. The court's hear allegations of "brainwashing" daily. Parental alienation cases are among the most difficult. I'd urge you to retain counsel. Good luck.

A: Regarding child interviews in Texas, the Texas Family Code has specific sections that address your concerns:

When Can a Child Be Interviewed?: Per the Texas Family Code §153.009(a), the court can choose to interview a child in chambers to find out the child's wishes concerning who they'd like as their conservator or who should determine where they primarily reside. This interview can happen if a party requests it, or even if the court decides it's necessary on its own.

How Old Should the Child Be for the Interview?: Now, if you're wondering about age limits, there's a distinction. Section §153.0092 of the Texas Family Code notes that while the court isn't mandated to interview a child who's under 12, it still can if it feels the need. But if the child is 12 or older, the court will indeed interview them. It's important, though, to remember that just because they interview a child who's 12 or older, it doesn't mean they'll act solely on the child's expressed wishes.

Is the Court Bound by the Child's Wishes?: And speaking of the child's expressed wishes, while the court will hear them out, they don't have to make a decision based on them. Even after interviewing the child, the court's primary concern remains the child's best interest. That's the guiding principle in all of this.

Contesting the Interview: If you're considering challenging the decision to interview the child, you have the option to prepare and submit a motion to contest it. After doing so, you'd then set it for a hearing where you can present your objections. However, a word of caution here: while you have every right to file such a motion, it's not frequently a successful route. The court often sees these interviews as a valuable tool for understanding the child's perspective, regardless of whether they follow those wishes in their final decision. Given this, if you're contemplating this route, it's important to consult with a legal expert in Texas family law. They can offer insight into potential outcomes and guide you on the best approach.

I hope that clarifies things a bit more! Navigating these situations can be complex, and having expert guidance can be invaluable.

A: I would add that if the child is 12 years of age or older the court now has no choice but to interview with the child in chambers. The only time you should object is if the child is under 12.