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In Texas, at what age can a child decide which parent to live with?

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J

jarvist

Guest
What is the name of your state? Texas

In Texas, what age can a child decide which parent they want to live with? And once they decide, does it have to go back to court to be legal? Already been burned once by the system, don't want to get burned again.

Thanks!
 


VeronicaGia

Senior Member
Not to be rude, but

this question is posted all the time. What if your child didn't want to live with either of you and wanted to live in a commune in Mexico? No to the commune?

How about if your child was a 13 year old girl and wanted to live with her 21 year old boyfriend? No?

How about if your child wanted to live in a box on the street in front of a Burger King in Detroit?

Sorry, but if you were in an intact marriage, this wouldn't even be a question. A judge decides this and until a judge decides otherwise, the child has to live where the judge says the child lives.

Ok, I'm off my rant for the time being.
 
B

Boxcarbill

Guest
jarvist said:
What is the name of your state? Texas

In Texas, what age can a child decide which parent they want to live with? And once they decide, does it have to go back to court to be legal? Already been burned once by the system, don't want to get burned again.

Thanks!
To modify managing conservatorship, there must be a Court Order of Modification for it to be legal. As to age in which a child can state parental preference for managing conservatorship, the age is 12.

TX family code:§ 153.008. Child's Choice of Managing Conservator

If the child is 12 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001.


The child preference is one of three basis for a modification in Texas.

§ 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access

The court may modify an order or portion of a decree that provides for the appointment of a conservator of a child, that provides the terms and conditions of conservatorship, or that provides for the possession of or access to a child if modification would be in the best interest of the child and:

(1) the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the date of the rendition of the order;

(2) the child is at least 12 years of age and has filed with the court, in writing, the name of the conservator who is the child's preference to have the exclusive right to determine the primary residence of the child; or

(3) the conservator who has the exclusive right to establish the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.


Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, § 47, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 16, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1289, § 5, eff. Sept. 1, 2001.
 
K

KCMR

Guest
Re: Re: In Texas, at what age can a child decide which parent to live with?

Boxcarbill said:
To modify managing conservatorship, there must be a Court Order of Modification for it to be legal. As to age in which a child can state parental preference for managing conservatorship, the age is 12.

TX family code:§ 153.008. Child's Choice of Managing Conservator

If the child is 12 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001.


The child preference is one of three basis for a modification in Texas.

§ 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access

The court may modify an order or portion of a decree that provides for the appointment of a conservator of a child, that provides the terms and conditions of conservatorship, or that provides for the possession of or access to a child if modification would be in the best interest of the child and:

(1) the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the date of the rendition of the order;

(2) the child is at least 12 years of age and has filed with the court, in writing, the name of the conservator who is the child's preference to have the exclusive right to determine the primary residence of the child; or

(3) the conservator who has the exclusive right to establish the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.


Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, § 47, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 16, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1289, § 5, eff. Sept. 1, 2001.
Welcome back :)
 
J

jarvist

Guest
Well thank you Boxcarbill, Aricci and ktarra

Thanks so much for your helpful answers. I always hate it when people respond to posts with....pardon me for saying....smart ass answers to real questions. Especially when their answers turn out to be wrong. And the one word answers are always the best....I guess that is how people average 20 posts a day....by putting no thought at all into them!

Thanks again you three. :)
 

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