When can my child decide where he/she wants to live? (Brian Schmalbach)

That questions gets asked a lot because people generally have a good idea of what the law is on Texas when it comes to children deciding where they want to live. The law being, when the child turns twelve, they can express to the court what their desire is, to live with one parent or the other. Now, what they may not understand is that, first, a child before age of twelve can sometimes talk to the court and express where they want to live, but second, it’s not controlling. In other words, just because a child says I want to go live with that parent, doesn’t mean that that’s necessarily going to happen because there are many reasons why a child could be telling a judge I want to go live with that parent whether it’s good or whether it’s bad. Now, those circumstances need to be brought up to the judge so that they have a clear picture of where is best to put this child, and that is when you need to come see an attorney so that that can be properly portrayed to the judge so that they know what is the best person to place this child with.

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