Can my granddaughter choose who to live with at age 12?

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 cannot independently choose who to live with. However, a parent can petition the court to change the custody order. In such cases, the court may interview the child and consider their preference when determining the child's best interests.

According to Texas law, the best interest of the child is the primary consideration in custody matters (Tex. Fam. Code § 153.002). Additionally, a child aged 12 or older can be interviewed by the court to express their wishes regarding custody and residence (Tex. Fam. Code § 153.009). The court will take the child's wishes into account but retains the discretion to decide what is best for the child.

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.

FAQs

At age 12, a child cannot independently choose where to live. However, they can express their preference to the court if custody matters are being considered. The court will take the child's wishes into account but ultimately decides based on the child's best interests.