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

February 5, 2011

I am frequently asked at what age can a child choose which parent he/she wants to live with.  There is clearly a misunderstanding about children choosing who they want to live with. In Texas, children do not get to choose who they want to live with.  Section 153.009 of the Texas Family Code does allow for children to have a voice on the subject. The law allows for a party to request for the judge to confer with a child. Once a request is made for a judge to confer with a child, the judge must talk with children 12 years of age and older and may talk with children under the age of 12. Therefore, the law allows for children to state their preference, it does not allow them to choose.  The interview is merely evidence  courts can use to make its decision.  The court’s decision is ultimately based on what is in the best interest of the children.

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