At What Age Can a Child Decide Where to Live?
Texas custody cases are decided with consideration of the best interests of the child. For older and more mature children (12+), they are often allowed to provide input on where they want to live. However, a minor never gets to “decide” where he or she will live in Texas. Their input matters, but the final decision rests with the court. Here, our Pearland child custody attorney explains the key things to know about a child’s ability to decide where they live in Texas.
Texas is a Best Interests of the Child State
Similar to most other jurisdictions, Texas uses the best interests of the child standard to determine parenting time. The statute is: Texas Family Code Sec. 153.002. The law requires courts to consider a wide range of factors, including the child’s physical safety, emotional well-being, educational stability, and relationship with each parent.
However, the law does not set a single age at which a child can decide where to live. Instead, the court evaluates each case on its specific merits. In a custody dispute, courts can look at the circumstances and the child’s needs. While a child’s preference is relevant, it is only one of many factors that influence the court’s final determination.
Older, More Mature Kids Can Give Input on Where They Live
Texas law allows children who are 12 years of age or older to express a preference about which parent they would like to live with. It is done through an in-chambers interview with the judge, not in open court. The judge will consider the child’s maturity, reasoning, and whether the choice supports the child’s best interests. It should be noted that even younger children may have their opinions taken into account if they can communicate their wishes clearly and demonstrate understanding of the situation.
Takeaway: Courts in Texas will give more deference to the preferences of older kids, especially those who are 16 and 17. Courts will also consider the child’s maturity level and their reasoning.
A Child Does Not Make a Final Decision Unilaterally
In Texas, no matter the child’s age, the final decision on custody rests with the court, not the child. Even a 17-year-old cannot legally choose to live with one parent without the court’s approval. The judge will weigh the child’s stated preference alongside other evidence, including things like parental fitness. For example, if a child who is struggling in school wants to live with a very “lax” parent because they like the freedom, that might not be considered very good reasoning by the court. Their preferences could be overruled in their best interests.
Contact Our Pearland, TX Custody and Visitation Lawyer for a Confidential Consultation
At John Powell III, P.C., our Pearland child custody attorney is standing by, ready to protect your rights and your interests. If you have any questions about child preference and custody cases, please do not hesitate to contact us for a confidential initial consultation. From our Pearland office, we handle family law cases throughout the region in Southeast Texas.