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Need help with modification of custody in Texas. I will be filing wothout a lawyer.

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joneskaty83

Junior Member
What is the name of your state (only U.S. law)? Texas

Where can I find the form to modify custody for my child in Harris County Texas? Also, what is the name of the form?

In the state of Texas, a child can decide at age 12 which parent they want to live with; what is the name of the form & where would I find the form for this matter?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

Where can I find the form to modify custody for my child in Harris County Texas? Also, what is the name of the form?

In the state of Texas, a child can decide at age 12 which parent they want to live with; what is the name of the form & where would I find the form for this matter?
I am sorry but that is wrong. Texas does not give a child the right to decide which parent they want to live with. Texas only gives them the right to express a preference. It is up to a judge to decide whether or not their preference should be taken seriously.
 

CJane

Senior Member
Texas used to allow a child over the age of 12 to file an Affidavit of Preference, IF a modification was otherwise pending. But, IIRC, they repealed that particular statute. Stand by.
 

CJane

Senior Member
Texas used to allow a child over the age of 12 to file an Affidavit of Preference, IF a modification was otherwise pending. But, IIRC, they repealed that particular statute. Stand by.
Yup. Child preference was repealed in 2009. Children can still express their wishes in chambers, but the wishes are not controlling.


http://shellywestlawyer.com/new/child-custody-designate-residence.html
 

Proserpina

Senior Member
The court is required to listen to a 12 year old's preference, but that's of course nowhere near a guarantee.

If the child is younger than 12, the court can do the same...but they are not required to listen.
 

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