Child's right to choose

[StaceyLynn0970]

What is the name of your state? TX
My almost 12 year old daughter has been living with her father since she was 2 years old and it has been the hardest 10 years of my life. I live almost 250 miles from them and pick her up every 1st, 3rd, and 5th weekend that I am allowed as well as any other time her dad allows me wihtout ever missing a visit. For every extra day I get to see her however, he makes me pay it back out of summer like she is a possession. To make a long story short, when we get ready to take her back, she cries until she is sick and this has happened since the very first time she came back to visit. I do not think that she is being abused physically but wmotionally she is suffering. She just wants to live me and the rest of her family. Not a single visit has ever taken place that she has not asked me when she could come back to live with us. Now she has been told that she can choose at the age of 12 and I just want to be sure. The reason that she is living with him in the forst palce had to do with money and I do not want to go through all of this again only to have my attorney tell me that I need to settle with the father because he has the money to continue the fight while I do not. After spending $20,000 ten years ago, I do not think I could handle the loss again. Financially or emotionally. Please advise.

 

[CJane]

TX does NOT allow a child to choose their residence at the age of 12. In fact, only one state in the US allows a child to choose where they live prior to age 18, and that's GA.

What a child in TX CAN do is file an affidavit of preference to be filed with a modification proceeding...

You are NEVER guaranteed victory, and honestly, unless there is a change in circumstances that's fairly recent, you don't have cause to file a mod. Standby for more TX specific info though...

 

[LdiJ]

TX does NOT allow a child to choose their residence at the age of 12. In fact, only one state in the US allows a child to choose where they live prior to age 18, and that's GA.

What a child in TX CAN do is file an affidavit of preference to be filed with a modification proceeding...

You are NEVER guaranteed victory, and honestly, unless there is a change in circumstances that's fairly recent, you don't have cause to file a mod. Standby for more TX specific info though...

I think that the child's wishes could be considered enough of a change in circumstance to at least bring the matter before the court in TX. Or at least I have seen several cases that went to court in TX with that being the only change in circumstance. That of course still doesn't guarantee a win.