Q: At what age can a child choose who they want to live with?
And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?
A: A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to court usually both parties feel like they lost.
John Michael Frick and Rafee'a S. Majeed agree with this answer
A:
A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if it's necessary to speak with the child as to their preference. Either way, the Judge is not obligated to follow the child's wishes. The Judge will base their decision on what's in the child's best interest.
If the other parent lives in a two bedroom house with 8 other people, it's unlikely that the Judge will decide that it's in the child's best interest to primarily live there. However, absent more information, it's difficult to answer that question. If it is possible that placing the child with Father is better than where the child is currently residing, I can see a Judge giving Father custody.
I hope this information helps. Good luck to you!
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