Although a child may have a strong desire to live with a parent, they may not necessarily understand what is best for them. Although children do not have a right to choose which parent they want to live with, Texas courts may consider a child’s preferences if the child is at least 12 years old. However, a child’s wishes are only one factor, and the court assesses the child’s best interests before issuing a final ruling. If you have any questions regarding a current custody case, our San Antonio child custody attorney would like to speak with you.
Children Twelve Years Of Age or Older Can Express Their Wishes to the Court
Although the courts do not consider the preferences of a young child, Texas Family Code §153.009 requires that a judge conduct a private interview with a child in a custody hearing if requested by either parent, an amicus attorney (court-appointed attorney providing legal services to the court), or an attorney ad litem (court-appointed attorney representing the child).
As part of the interview, the judge will hear the child’s living preferences and thoughts on visitation. This is only one factor in the judge’s decision. Not all 12-year-old children have the same maturity level, and some favor a particular parent for no good reason. For example, a child may prefer one parent because they are more fun or because their house doesn’t have rules. The court will evaluate the child’s maturity, reasoning, and ulterior motives before rendering a final decision.
Typically, a court reporter is present to transcribe the meeting. If the child is younger than 12 years old, the judge has no legal obligation to meet with them. If the proceedings involve a jury trial, an interview in chambers is prohibited under state law.
What Factors Does the Court Consider in Determining Custody?
The environment and people a child is exposed to are integral in fostering a child’s emotional and physical needs. This is no less true in child custody cases. The court has a list of factors (known as the “Holley factors”) that it considers in any case involving custody, support, or visitation.
The Holley factors include:
- The child’s wishes
- The emotional and physical needs of the child presently and in the future
- Any emotional or physical risks that the proposed residency poses to the child’s safety
- Each parent’s ability to take care of the child
- The living, educational, and care plans proposed by the parent seeking custody.
- The stability of the home or proposed placement
- Any acts or omissions that suggest that the parent-child relationship is improper
- Any explanations for a parent’s concerning behavior(s)
Working with Experienced Counsel is Essential
Although it is advised that you always retain representation, specific times that make it necessary include:
- The other parent has retained counsel
- Your child has a disability or mental/emotional health struggles
- You have a criminal record or a history of legal problems
- Living with the other parent places your child in danger
- The other parent has a substance abuse issue
- The other parent is moving (limiting your ability to see your child)
- The other parent has concealed material information or otherwise misled the court
Understandably, the above factors can have a significant bearing on your case outcome. If your child’s other parent is emotionally unstable, has a history of domestic violence or substance abuse, or may otherwise harm your child, the court must be made aware of this. The role of skilled counsel is to highlight these issues so that the court makes a decision that is in your child’s best interest.
Contact Our San Antonio Child Custody Attorney Today
Each state is different when it comes to custody decisions, so you should hire a family law attorney who is well-versed in Texas law. At The Cook Law Firm, we know that your child is your world and you want to do what is best for them. Thankfully, our San Antonio child custody attorney is prepared to demonstrate the positive involvement you have in your child’s life. To discuss your case, we can be reached online or by calling (210) 740-0281 today.