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.