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How old does a child have to be in Texas to decide which parent they want to live with?

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2014-05-14 17:34:36
2014-05-14 17:34:36

In Texas, at the age of 12, the judge will allow a child to voice his/her preference of who they want to live with. However, that does not mean that the judge will automatically agree to that (and I'm assuming this is a case where one of the parents is not in agreement with what the child wants). The judge takes the child's wishes into consideration, along with many other things, and then makes the final decision based on the best interest of the child.

In Texas it is with 12 years of age and can be found in the Texas Family code as follows:

§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE

RESIDENCE. A child 12 years of age or older may file with the court

in writing the name of the person who is the child's preference to

have the exclusive right to designate the primary residence of the

child, subject to the approval of the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.

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