Age Child Can Choose Which Parent To Live With In Texas. There are many misconceptions in texas custody law about a child s preference in times of a divorce. Custody matters can be particularly hard on children.
This did not mean that they could choose which parent they wanted to live with. While this was subject to the court s approval it did not mean that a child age 12 or older could choose which parent he or she would live with. As a result it is not accurate to say that when a child reaches 12 years old they will have the right to choose which parent to live with.
It is commonly misunderstood in texas that a child 12 years of age or older can decide with which parent they want to live.
Under the old law a child age 12 or older could file with the court the name of the parent who the child wants or chooses to decide where the child should live. While a child can have some say in a custody decision ultimately it s up to the court to decide the best interests of the child. It is commonly misunderstood in texas that a child 12 years of age or older can decide with which parent they want to live. This misunderstanding causes a lot of litigation and stress between parents and their children.