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child gets a say so?

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What is the name of your state (only U.S. law)? tx

I have custody of the child (9) and mother has visitation EOW and alternating holidays. Mother is telling the child that at a certain age the child MUST decide where she wants to live. She is doing this because she does not want to pay her child support. Mother has not paid in 8 years and the attorney general just started making her pay. So now she wants her daughter.



child says she wants things to stay the way they are. Which is fine. I want her to have a relationship with her mother but in all I know I am the best place for the child to live especially when it comes to schooling. What does it take to have a change of custody? I know the mom can try to persue the child with no rules ect...because she doesnt have any there and we do. How does all this work? I was told that there is a "exparti" (i dont know the pelling) that the child can sign saying that she wants to live with a certain parent. Cant a parent just force or guilt the child into this? And if so would i judge see the child signed it and say ok custody is changing? I have asked the child if she would rather live with mom because I do want ehr to be happy but she claims she wants it to stay. I want her to move if she wants but I dont want her being guilted in it at the age of 12. Can a judge see through this?
 


LdiJ

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

I have custody of the child (9) and mother has visitation EOW and alternating holidays. Mother is telling the child that at a certain age the child MUST decide where she wants to live. She is doing this because she does not want to pay her child support. Mother has not paid in 8 years and the attorney general just started making her pay. So now she wants her daughter.



child says she wants things to stay the way they are. Which is fine. I want her to have a relationship with her mother but in all I know I am the best place for the child to live especially when it comes to schooling. What does it take to have a change of custody? I know the mom can try to persue the child with no rules ect...because she doesnt have any there and we do. How does all this work? I was told that there is a "exparti" (i dont know the pelling) that the child can sign saying that she wants to live with a certain parent. Cant a parent just force or guilt the child into this? And if so would i judge see the child signed it and say ok custody is changing? I have asked the child if she would rather live with mom because I do want ehr to be happy but she claims she wants it to stay. I want her to move if she wants but I dont want her being guilted in it at the age of 12. Can a judge see through this?
In TX, at age 12 a child can sign an affidavit of preference as to where they would prefer to live. However, that is only one factor that a judge takes into consideration when deciding a custody case. The child doesn't get to decide.
 

Ohiogal

Queen Bee
In TX, at age 12 a child can sign an affidavit of preference as to where they would prefer to live. However, that is only one factor that a judge takes into consideration when deciding a custody case. The child doesn't get to decide.
AND it is NOT mandated that a child must fill one out at the age of 12.
 
thank you ....the mother keeps making comments to the child and I tell her not to worry about it but I know she is stressing
 

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