Child Custody In Texas – Which Parent To Live With
Can a 12-year-old choose which parent they are going to live with in divorce or custody modification? It is common for parents, and children, to believe that once a child turns 12, they gain the legal right to choose the parent they live with and where they live. In reality, Texas law takes a more balanced approach. While a child’s voice can be heard, it does not control the outcome.
Understanding The Texas Family Code
- Texas Family Code §153.009 requires a judge to interview a child 12 or older in chambers if a parent or attorney formally requests it. A judge may interview a child younger than 12 years old.
- The interview may be private, giving the child a safe space to express their wishes without pressure. There may be a record made of the interview in certain circumstances.
- Even if the judge must interview the child, the judge is not required to follow a child’s request or preference.
Why the Child’s Preference Isn’t Final
Even when a child expresses a clear desire to live with one parent, the court’s guiding principle remains the best interest of the child.
Judges evaluate:
- Emotional and physical needs
- Stability of each home
- Parental involvement and history
- The child’s maturity and reasoning
- Any concerns about safety or conflict
A child’s preference is one factor among many. For example, if a child wants to live with a parent because that parent has fewer rules, the judge may give that preference little weight.
What Parents Should Know
If you’re navigating a custody modification or initial custody case, understanding how your child’s voice fits into the legal process can help you prepare. Judges are skilled at distinguishing genuine preferences from pressured ones, and judges have preferences regarding meeting with children in ongoing divorce and custody cases.
Final Thoughts
Having a local Denton County experienced divorce attorney or family law attorney who knows the judge, and how the judge will handle a request to interview a 12-year-old child is critical to a case. A 12‑year‑old in Texas has the right to be heard, not the right to decide. When handled thoughtfully, the interview process can help the court understand your child’s needs while ensuring their long‑term well‑being remains the priority.
If you have questions about custody in divorce, modifying custody, or considering how custody works in a Denton County divorce, our Flower Mound divorce attorneys are happy to meet with you and discuss your questions. Please call your local Flower Mound divorce attorneys, Peace & Associates, at 940-591-6006 today or request a consultation today.
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