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  1. #1
    jarvist Guest

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

    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!
  2. #2
    HomeGuru is offline Senior Member
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    Age 32.
  3. #3
    LegalBeagle is offline Senior Member
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    HG.. that is only if there is a trailer park involved.. otherwise it is 24.
  4. #4
    ktarra617 is offline Member
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    18 prior to that a judge may listen to their opinion but does not have to grant it.
  5. #5
    VeronicaGia is offline Senior Member
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    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.
  6. #6
    Boxcarbill Guest

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

    Originally posted by jarvist
    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.
  7. #7
    KCMR Guest

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

    Originally posted by Boxcarbill
    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
  8. #8
    Boxcarbill Guest

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

    Originally posted by Aricci
    Welcome back
    Thank you.
  9. #9
    jarvist Guest

    Smile 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. :-)
  10. #10
    ktarra617 is offline Member
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    your welcome!

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