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Childs right to choose? What age?

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ChristinaR

Guest
What is the name of your state? Texas

OK I'm very confused now, I know in Texas a child can sign an affidavit on which parent they would like to live with at 12. Is there and age where they can stop or refuse visits with the other parent? I have read and it seems that for many states they don't have a choice in the matter till they are 18, But I cannot find it for Texas.
Thanks
 


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LoveOfAStep

Guest
looking for the same thing!

i, my husband, and our kids all live in southern tx. i have been up and down the web trying to find a law that states at what age can a child decide whether or not continue visitation with non-custodial parent. my husband has joimt managing conservatorship with him being the custodial parent. his children do not wish to visit their mother any longer who abandoned them when they were little.

i believe they love her, but they realize that she only saw them when it was convenient for her. my husband and i do not attempt to persuade the children one way or the other. this is something that they have expressed.

from what i read, i have gathered that there is not an age when children can actually "decide" if they want to continue visiting the other parent. do not quote me and please double check, but i am pretty sure that i understood the law to state that there has to be a "change in circumstances" in order for the cp to file for mod. of visitation or seek sole custody. when a child has expressed desire as to which parent they wish to reside with, the court(judge) will take the child's wishes into consideration upon making a decision. it is ultimately the judge's decision to grant this order however.

the law repeats itself in using the ultimate tool in a judges decision: 'BEST INTEREST OF THE CHILD"

with saying that, i will tell you that i am brand new to this whole custody battle situation, and right now i do not know which end is up. i would suggest discussing with your child the reasons as to why he/she wishes to discontinue visitation. obviously, if there is abuse or exposure to danger, then i would definitely consult a lawyer and get the ball rolling. it could simply be that he/she is bored at the other parent's home and doesn't want to go. maybe there is a problem with other siblings in the home. if it is a minor issue, and you have decent communication with the other parent, it might be wise to consult them first and try to explain the situation before dragging it into court--WHERE IT IS COSTLY TO IRON OUT DIFFERENCES

good luck and i hope this rambling offers you some decent advice
 

stealth2

Under the Radar Member
18. Eighteen. Ten and eight years. That is when a child gets to decide what sort of contact s/he has with a parent, where s/he lives, etc. Not 12, not 14, not 16. 18.
 

kidoday

Senior Member
At 18, they can legally choose, but I found this link. You will have to copy and paste this into your browser.

http://www.divorceinfo.com/txfaqsparenting.htm

What effect does the preference of the child have on custody?
It depends upon the age and maturity level of the child. At age 12 the child’s preference can be voiced by signing an affidavit stating which parent the child would prefer to have as the “managing conservator” (Texas language for primary custody). The older the child, the more weight the judge will tend to give the child’s preference.
 
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ChristinaR

Guest
Thank you

Thank you Momma_Tiger, I know it is frustrating at times repeating things over and over again! I just needed a little clarity on this since friends were trying to tell me that children could legally choose at 14 if they wanted to visit or not.

Thank you Kidoday for the link it has answered a few other questions of mine as well.
We have been in an ongoing custody battle for over a year now. We have joint custody week to week. Our 12 year old daughter did sign the affidavit for me back in Feb. as soon as my ex found out then he made her sign one for him. Mainly the kids cant stand the Step Mom and her kids. She is very hard on mine and punishes them physically (Not as bad as their fathers belt though) My 10 year old routinely comes home with bruises on his upper am from her grabbing him and they force the kids to call her Mom or they get the belt. I don't spank my kids and the running joke in my house is when I say "one of these days I'm going to beat you" Ex and wife are now trying to use that against me as mental abuse. Anyway long story allot of crap and heaven willing it will be over with soon.
This site has been a tremendous help to me already and I cannot thank everyone enough for the time you take to give those of us who are "legally challenged" your advice and opinions.
 
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lippyfam

Guest
Child picking between parents

I have a 12 and 11 yr old. My 12 yr old told me daddy how could i chose i want both of yous. They are with my ex right now sent them out for vacation didnt return them i am getting emergancy order to have them returned next week. But the thing is i dont think kids should be put in the middle and have to pick between parents.
 

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