Can A Texas Child At The Age Of 12 Tell The Judge Where They Want To Live?

In Texas, children do not get to choose who they will live with; however, children who are at least 12 years old can tell a judge where they want live. The Texas Family Code allows a judge to interview a child 12 years of age or older to determine the child’s desires as to which parent should have the exclusive right to determine the child’s primary residence. Either party in the suit can request a judge to confer with a child. Once a request is made for a judge to confer with a child, the judge is required to talk with children 12 years of age and older and has the discretion to talk with children under the age of 12. The judge may or may not follow the child’s wishes.  The judge’s decision will be based on the best interest of the child.

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