Can the child choose which parent to live with in Texas? If so, at what age?

Child custody disputes can be deeply emotional and challenging for all parties involved. It is not unusual for children, particularly teenagers, to prefer living with one parent over the other. In Texas, children do not have the authority to make this decision independently. However, there is a procedure through which their preferences can be communicated to the court.

Many people believe that in Texas, a child aged 12 or older has the right to choose the parent they wish to live with. This is a misconception. Previously, the law allowed children aged 12 and above to fill out a “designation of preference” form, indicating their preferred parent for living arrangements. This practice, once governed by section 153.008 of the Texas Family Code, was abolished. The change was made because it was common for both parents to pressure the child into signing a preference document, inadvertently placing the child at the center of custody disputes, which defeated the purpose of the law.

Today, the relevant legislation is section 153.009 of the Texas Family Code. This law permits a child aged 12 or older to have a private meeting with a judge in their chambers to express their living arrangement preferences. This meeting allows the judge to gauge the child’s maturity level and their capacity for making reasoned decisions. It’s crucial to note that the judge is not obligated to follow the child’s wishes but can use the meeting to inform their decision-making process.

If a parent requests it, judges are mandated to conduct an interview with any child over the age of 12. For children younger than 12, the decision to conduct an interview is at the judge’s discretion.

When determining custody arrangements, the court does consider the child’s preferences, but this is only one factor among many. The paramount consideration for the court is always “the best interest of the child.” The Texas Supreme Court has outlined various factors, known as the “Holley Factors,” to aid judges in these decisions. These factors include the child’s desires, their emotional and physical needs now and in the future, any potential risks to the child, the capabilities of the prospective custodial parents, available support programs, the plans laid out for the child by these parents, the stability of each parent’s home, and any actions by a parent that might suggest the existing parent-child relationship is not suitable.

Legally, a child can only choose their living arrangements once they reach the age of 18, at which point they are no longer considered a minor and can also refuse visitation with a parent. Until then, such decisions are primarily in the hands of a judge, particularly when parents cannot come to an agreement.

For further guidance on child custody matters in Texas, please contact the Law Office of Dana Baker at 979-310-5507.