When do a child’s preferences matter in a Texas custody case?

On Behalf of | Nov 30, 2022 | Child Custody

When you and your child’s other parent end your relationship in Texas and both wish to remain an active part of your child’s life, you need to figure out how you plan to do so moving forward. If you and your ex are unable to agree to custody terms on your own accord, you may need the state to create an arrangement for you.

Per the Texas State Law Library, if he or she is old enough, at a certain point, your child may begin to exhibit strong opinions about where he or she is going to live and when. Yet, whether the state considers your child’s wishes depends primarily on your child’s age.

When the courts listen to your child

The main determining factor in whether a court listens to your child’s wishes is whether he or she is at least 12 years old. If you or your child’s other parent wants the court to confer with your child and the child is 12 or older, the court must do so. However, listening to your child’s wishes does not necessarily mean a judge is going to follow them. Instead, it means they carry enough weight to come into the equation.

What other variables factor into a custody case

Many other factors matter in a custody case in addition to a child’s wishes. You and your ex’s parental abilities and abilities to financially support your shared child are among them.

Contrary to popular belief a 12-year-old in Texas does not have free reign when it comes to deciding where to live.

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