Can a child refuse to visit a parent in Texas?
The way a Texas Family Law judge views visitation orders is that although a child may not want to visit the other parent, visitation is not optional for the child. If you are the custodial parent or managing conservator, you are held responsible for complying with the visitation order.
Can a child choose which parent to live with in Texas?
Texas law does allow children that are 12 or older to have a say in where they’d like to live, but ultimately a judge will decide where they will live. Under Texas Family Code 153.009, children have a voice but in a more practical way. Sec. 153.009 allows parents to request that the judge speak with their child.
Can a 12 year old choose which parent to live with?
Under the old law, a child age 12 or older could file with the court, the name of the parent who the child wants (or chooses) to decide where the child should live. While this was subject to the court’s approval, it DID NOT mean that a child age 12 or older could choose which parent he or she would live with.
How old does a child have to be to get custody in Texas?
The truth is that in Texas, a child cannot decide which parent shall have custody. What usually happens is that a child that is age 12 and above is given a chance to have a say in where they will live. The judge does not have to follow the child’s wishes.
Can a minor choose which parent to live with in a divorce?
To summarise: until a child is 18 years or older, they are considered a minor and are not able to elect which parent they would like to live with in the event of a divorce. However, the court does take into consideration the needs of the child as well as their own personal testimony if they are able to give one.
Texas law does allow children that are 12 or older to have a say in where they’d like to live, but ultimately a judge will decide where they will live. Under Texas Family Code 153.009, children have a voice but in a more practical way. Sec. 153.009 allows parents to request that the judge speak with their child.
Under the old law, a child age 12 or older could file with the court, the name of the parent who the child wants (or chooses) to decide where the child should live. While this was subject to the court’s approval, it DID NOT mean that a child age 12 or older could choose which parent he or she would live with.
When do Texas courts decide my child’s primary residence?
In Texas, a child at the age of 13 is considered an age when the child has the mental capacity to “tell” the court, if you will, where they would like to live and with whom. While many parents believe that this only decides legally where the child will reside, they are unfortunately mistaken. How to Texas Courts Decide My Child’s Primary Residence?
In Texas, a child’s decision cannot be the sole factor in determining which parent the child lives with. However, once the child reaches the age of 12, and upon motion, the court can consider the child’s wishes as to whom he/she wishes to live with.