Although children cannot officially decide which parent they want to live with until they are 18 years old, Texas law does allow children that are 12 or older to have a say in where they’d like to live, but ultimately a judge will make the final decision.
Can a 12 year old child decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
Can a 9 year old decide which parent to live with?
1 attorney answer
Although a child’s wishes are one factor among many the court must consider in determining the child’s best interests, a minor child never gets to “decide” which parent to live with.
What Age Can child choose to live with either parent?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
Can a 12 year old choose which parent to live with in Texas?
In Texas, a child’s decision cannot be the sole factor in determining which parent the child lives with. However, once the child reaches the age of 12, and upon motion, the court can consider the child’s wishes as to whom he/she wishes to live with.
Can a child refuse to see a parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Can a 10 year old decide which parent to live with?
A child cannot legally decide who they want to live with until the age of 16. However, this may extend to 17 or 18 if there is a child arrangement order in place that specifies where a child should live.
How can a mother lose custody to the father?
A mother that disobeys custody schedules, neglects court-ordered responsibilities, or interferes with the father’s visitation rights can lose custody of her child. A father can keep a detailed log of every time a mother interferes with or violates a custody order.
What makes a mother unfit in the eyes of the court?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
What age will a court listen to a child?
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.
What if your child doesn’t want to live with you?
If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.
Does my 14 year old have to visit her dad?
Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.
What do I do if my child doesn’t want to see his dad?
If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.
Is Texas a mother or father state?
In the state of Texas, a child’s mother is automatically seen as a legal parent. As your child’s mother, however, you have the right to establish paternity on behalf of the child’s father to collect child support.
Do you have to pay child support if you have 50/50 custody in Texas?
It’s incredibly rare that a 50/50 agreement doesn’t involve child support in Texas because both parents rarely earn the same income. Most likely, there will be some disparity (often a big one) in earnings.
Do I have the right to know who my child is around?
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. … Parents should tell each other their current addresses and home and work phone numbers.