Full question:
My granddaughter will be 12 in Oct she wants to choose who she can live with due to home parental conflict . Is this possible?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Texas
Answer:
A child may not choose who to live with on their own accord. However, it is possible that a parent may petition the court to modify the custody order and the court may interview the child and take their preference into account to determine the child’s best interests.
Please see the following TX statutes:
§ 153.002 FAM. Best Interest of Child
The best interest of the child shall always be the primary
consideration of the court in determining the issues of conservatorship
and possession of and access to the child.
§ 153.009 FAM. Interview of Child in Chambers
(a) In a nonjury trial or at a hearing, on the application of a party,
the amicus attorney, or the attorney ad litem for the child, the court
shall interview in chambers a child 12 years of age or older and may
interview in chambers a child under 12 years of age to determine the
child's wishes as to conservatorship or as to the person who shall have
the exclusive right to determine the child's primary residence. The court
may also interview a child in chambers on the court's own motion for a
purpose specified by this subsection.
(b) In a nonjury trial or at a hearing, on the application of a party,
the amicus attorney, or the attorney ad litem for the child or on the
court's own motion, the court may 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.
(c) Interviewing a child does not diminish the discretion of the court
in determining the best interests of the child.
(d) In a jury trial, the court may not interview the child in chambers
regarding an issue on which a party is entitled to a jury verdict.
(e) In any trial or hearing, the court may permit the attorney for a
party, the amicus attorney, the guardian ad litem for the child, or the
attorney ad litem for the child to be present at the interview.
(f) On the motion of a party, the amicus attorney, or the attorney ad
litem for the child, or on the court's own motion, the court shall cause
a record of the interview to be made when the child is 12 years of age or
older. A record of the interview shall be part of the record in the
case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
