Can A Child Choose Which Parent To Live With In Texas?

In this article, you can discover…

• If a child can legally choose which parent to live with in Texas.
• How much influence a child’s preference has in a custody case.
• What factors Texas courts consider in custody decisions.

At What Age Can A Child Legally Choose Which Parent To Live With In Texas?

Whether or not a child can legally choose which parent to live with is probably one of the most common misconceptions in Texas family law.

A child does not have the legal authority to choose which parent they want to live with. However, once a child turns 12, each parent has the right to have their child speak directly to the judge and express their preference. At that age, the court is required to listen to the child if a party requests it.

That said, even when a child expresses a preference, it’s just one of many factors that the judge will consider. And if a child is troubled, being influenced, or shows signs of bias, the court may choose to give little or no weight to their opinion.

It’s ultimately up to the judge to determine which living arrangement is in the child’s best interest, regardless of the child’s spoken preference.

How Much Influence Does A Child’s Preference Have In A Texas Custody Case?

A child’s preference can carry significant weight in a Texas custody case, especially if the child is in their upper teens. At that point, they often have more independence, may be driving, and are capable of making their own decisions about where they want to live.

However, it’s important to remember that your child’s preference is just one factor among many. The judge will still look at the case as a whole to determine what’s in your child’s best interest. Their wishes may be influential, but never the deciding factor on their own.

Attorney Travis Granger is a Texas family law attorney who has built his practice on the belief that every child deserves stability, and every parent deserves the support they need to provide that stability. He brings compassion, clarity, and steady guidance to every custody matter and will always ensure the best interest of your child remains the focus.

Still have questions? Ready to get started? Contact The Granger Law Firm, PLLC, today to schedule an initial consultation.

What Other Factors Do Texas Courts Consider Besides The Child’s Wishes In Custody Decisions?

In Texas, custody decisions are based on what’s in the best interest of the child, and courts look at a range of factors to determine what that is, regardless of the child’s wishes.

One case in particular is Holley v. Adams, which outlines a non-exhaustive list of considerations. These include the child’s emotional and physical needs now and in the future, any potential emotional or physical danger, each parent’s ability to provide care and financial support, stability, and more.

The court can consider almost anything relevant to ensuring the child’s best interests are protected.

What Happens If A Child In Texas Wants To Live With Someone Other Than Their Parents?

If a child in Texas wants to live with someone other than their parents, unfortunately, their wishes carry very little legal weight.

Texas has strict guidelines for determining who can have custody of a child outside of the child’s biological parents, and it generally requires evidence of abandonment, neglect, or some form of parental failure. In most cases, custody will remain with the biological parents unless they voluntarily forfeit possession or fail to maintain an active role in their child’s life.

For example, if the parent sends the child to live with a grandparent for six months, and in that time stops being involved, the grandparents might then have a basis to petition for custody. But outside of those kinds of circumstances, living with a non-parental relative is not up to the child.

How I Help Parents Prepare For Hearings Where Their Child’s Preference Is Discussed

It depends on the unique circumstances of each situation. In most cases, I meet with the parent a day or two before the hearing to walk through their testimony. We go over a detailed outline of the key points we’ll cover in front of the judge, focusing on how they care for the child and, in contrast, any concerns about the other parent’s involvement. Typically, this includes who handles the day-to-day responsibilities like getting the child to school, preparing meals, or helping with homework.

If there are issues that need to be addressed, like drug use or long work hours that leave the child home alone, you’ll need to bring them up so we can discuss them honestly. It’s important to acknowledge mistakes, explain the circumstances, and present a plan for improvement moving forward.

As far as your child’s interview with the judge, no one is allowed in the room except the judge and your child, so there’s very little preparation you can do. The most important advice I give to parents is this: do not coach your child on what to say. Judges can usually tell when a child has been influenced, and it will backfire on you.

Still Have Questions? Ready To Get Started?

For more information on whether a child can choose which parent to live with in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.