Can Your Child Decide Where To Live? Understanding Custody Laws In Texas

In this article, you can discover…

• How Texas law handles a child’s parental preferences.
• The role of co-parenting in Texas divorce cases.
• What to do if your child expresses a strong preference for the other parent.

How Does Texas Law Handle A Child’s Preference In Custody Cases?

In order for your child to let the courts know where they would like to reside, they must typically be at least 12 years old. In these cases, if your child has a strong preference, they will come to court and be interviewed by the judge. The judge will then use your child’s answers to determine if it is truly in their best interests to live with the preferred parent.

While your child’s preference will play a role, the ultimate decision will lie with the judge.

How Do Texas Courts Balance A Child’s Preference With Their Best Interest?

Courts will weigh all applicable factors together. They will consider everything that your child is saying along with what they are not saying. Courts will also consider each parent’s testimony and the testimony of other parties. Multiple factors will come into play, and while your child’s preference will be considered, it won’t be the sole determining factor.

Are There Circumstances Where A Child’s Preference Is Not Considered In Houston, TX Family Courts?

For the most part, if your child is at least 12 years old, a court will consider their preferences for where they would like to live. While your child’s preference will not be the only aspect considered, it will still be factored in when the court determines which parent they will primarily live with.

Attorney Ebony Williams is a caring, knowledgeable family law attorney serving Texas. Since 2011, she’s helped families just like yours navigate Texas law and custody issues with unmatched care, compassion, and skill.

Have questions, or in need of legal help? Reach out to Ebony Williams, Attorney at Law, PLLC for an initial consultation today.

Let's Find Out If You Have A Case. Schedule Your Initial 30-Minute Consultation Today (346) 246-4953

What Happens If My Child Wants To Live With Their Other Parent?

If this occurs, I’ll be sure to walk you through your thoughts and feelings about the matter and help you articulate your objections. I’ll ask you plainly, “Is this objection to your child living with the other party coming from a place of hurt or ego, or do you have deeper reasons for not wanting this arrangement”?

If there are no supporting reasons (such as abuse or neglect) for you not wanting your child to live with the other party, I’ll let you know that it’s ok to let go and pass the baton to the other parent. My focus is to help you see the big picture, move forward, and think matters through pragmatically.

While accepting your child’s preference may be difficult, it doesn’t mean that you can’t see your child or be a part of their life. It simply means that your child’s preference deserves weight and consideration, and that both you and your child deserve to have this decision thought through with care.

What Is Co-Parenting Counseling In Texas?

Counseling can play a huge role if your child expresses a strong preference for one parent over the other. If you and the other party are able to sit down and talk to one another about your respective feelings and your child’s wishes, this can be immensely helpful. Co-parenting is viewed highly by Texas courts and is often in the best interests of your child.

In other cases, however, you may have a valid reason to want your child with you as opposed to the other parent. Perhaps there are issues involving neglect, abuse, or instability. In these cases, I can help you gather evidence for your case and give these concerns a voice in court.

Still Have Questions? Ready To Get Started?

For more information on Working With A Child Custody Attorney In Harris County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (346) 246-4953 today.