While Texas courts do not allow a child to choose which parent they want to live with legally, children 12 years of age and older can express their preference. A judge may interview a child privately to discuss their wishes, ensuring their voice is heard.
Although an older child’s desires are considered, the child’s best interests remain the primary basis for deciding conservatorship and possession arrangements (such as legal and physical custody in other states). If you are concerned about the influence that your child’s wishes may have on a custody order, you need to speak with a San Antonio child custody lawyer.
Is an Older Child Able to Choose Which Parent They Want to Live With?
In short, no, an older child is not able to choose which parent they want to live with. However, the court does allow children 12 years of age and older to express their preference regarding their living situation. In a conservatorship case, the judge may interview a child 12 years of age or older in chambers. During this time, the judge will ask the child about their relationship with each parent and the reasons they want to live with the parent of their choice.
The judge may also inquire about each household’s daily routines and the role each parent plays in helping the children get ready for school and attend extracurricular activities. The judge will likely ask how often the child sees each parent to understand better each parent’s level of involvement in the child’s life.
The judge will want to gain a better understanding of the family dynamics to make the best arrangements for the child. According to Texas Family Code §153.009, this interview may be conducted to assist the court regarding physical custody (referred to as “possession” in Texas) or visitation (referred to as “access” in Texas).
This interview will likely be with only the judge and the child, since the child’s answers may be skewed if either parent is present. However, the court may allow either party’s attorney or a guardian ad litem (typically an attorney appointed by the court to represent the child’s interests) to be present. A private interview with the child is prohibited in jury trials.
How Much Influence Does the Child’s Wishes Have on a Conservatorship Case?
Any information that your child provides during the private interview will be taken under advisement by the court. Nonetheless, the child’s best interests still take precedence. This involves the court looking at what arrangements will benefit your child in the long run, supporting their physical, emotional, and mental health. If you or someone you know is dealing with a child conservatorship case, our legal team can advise you on the best way to proceed.
At Cook Law, our San Antonio child custody lawyers can discuss what evidence you may need to provide to showcase the bond you and your child have and the importance of you remaining an active part of their life. If mediation is necessary, our legal team can advise you on which strategies may be most beneficial.
Speak with Our San Antonio Custody Attorneys Today
Child custody matters are often wrapped up in intense emotions, making it difficult to see what options you may have. At Cook Law, our San Antonio custody lawyers have represented numerous parents, helping them remain a prominent part of their child’s life. If you or a family member is involved in conservatorship proceedings, our team of experienced lawyers is available to answer any questions or concerns. To learn more about our services, feel free to reach out to us online or by phone at (210) 740-0281 today.