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When does a child have a say in a Texas custody case?

On Behalf of | Mar 29, 2023 | Child Custody |

When the romantic relationship between you and your child’s other parent ends in Texas, you and your former partner may need to come up with a custody arrangement that gives each of you time with the child you share. If you are unable to agree on terms, you may ask the state to come up with a custody arrangement for you. When deciding what type of living situation your child should have the state considers a wide range of variables. In some cases, your child’s preferences might be among them.

Per the Texas State Law Library, if you or your child’s other parent asks a judge to consider your child’s opinion in a custody case, the judge typically does so, provided your child has reached a certain age.

When kids have a say in Texas custody cases

In general, a Texas family court judge is going to listen to your child’s opinion about where to live if your child is at least 12. The judge does not necessarily have to abide by your child’s wishes, and he or she still has an obligation to do what suits the child’s best interests.

What other factors come into play in a Texas custody case

In addition to your child’s own wishes, if he or she is old enough to voice them, a judge in a Texas custody case might consider the age and physical health of both parents. A judge may also consider each parent’s demonstrated ability to care and provide for the child at the center of the case, to date, among other areas that may carry weight.

Unless extenuating circumstances exist, Texas courts often try to give children time with both parents to preserve and strengthen the relationships that exist between each parent and the child.


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