In Texas, it is true that a child that is 12 or older may tell the judge who he or she wants to live with. However, the judge has to examine all the factors and decide if it’s in the best interest of the child.
Here are some factors the judge may examine:
1) The grades of the child;
2) The attendance records of the child;
3) The family support for the child, including half-siblings or other factors that may worsen the child emotionally if separated from;
4) Whether the parent will be able to adequately supervise the child due to work obligations;
5) Whether the child was enticed through a vehicle or other “gifts” as conditional to them telling the judge they want to live with them;
6) A professional’s or court appointed attorney’s opinion following a full investigation.
It is important that one properly deals with a child who suddenly wants you to have custody, so the court understands that any other factor is addressed prior to filing with the court, and to make very certain it has nothing to do with healthy discipline and teenage rebellion.
For more information call The Barrera Law Firm at 956 428-2822 for a free consultation.