Texas age to pick which parent to reside with

[zddoodah]

I guess my main question is how likely is a judge to really listen to a 13 year olds requests in the state of Texas?

It is probably 100% likely that, if you file a motion to change custody, the judge will listen to what your daughter has to say. The judge will listen to your lawyer's argument and any testimony you give and will also listen to your ex's lawyer's argument and any testimony she gives. I'm not sure this is really what you meant to ask, however.

What seems to be absent from your post is why your daughter wants the change. As noted above, you could seek a custody change, but what would be your basis for seeking it? If the only answer is that it's what your daughter wants, but you don't know why she wants it, you would be wasting your time. A court isn't going to order a custody change without a change of circumstances that makes a custody change in the child's best interests. A 13-year old testifying that she now wants to live with dad isn't going to cut it unless she has a compelling justification for wanting the change, and it does not sound like you have any other basis for seeking a change.

So...why is it that your child wants the change? What's the change of circumstances that would warrant a custody change?

 

[txdadto6]

It is probably 100% likely that, if you file a motion to change custody, the judge will listen to what your daughter has to say. The judge will listen to your lawyer's argument and any testimony you give and will also listen to your ex's lawyer's argument and any testimony she gives. I'm not sure this is really what you meant to ask, however.

What seems to be absent from your post is why your daughter wants the change. As noted above, you could seek a custody change, but what would be your basis for seeking it? If the only answer is that it's what your daughter wants, but you don't know why she wants it, you would be wasting your time. A court isn't going to order a custody change without a change of circumstances that makes a custody change in the child's best interests. A 13-year old testifying that she now wants to live with dad isn't going to cut it unless she has a compelling justification for wanting the change, and it does not sound like you have any other basis for seeking a change.

So...why is it that your child wants the change? What's the change of circumstances that would warrant a custody change?

Well, she mostly just says that she wants to live here because she feels she does not see us enough. Us being myself, step mom and she has three siblings here.
Her other concerns are that #1 She has been in competitive gymnastics for about 4 years now and she is very good at it. She recently has lost interest in it and has expressed to her mother that she does not wish to be in it anymore. Her mom told her no, she has to continue or she has to join another sport or something. She then said she would like to be in theater instead but her mother also shut that down and told her she could not be in that because her older sister was and that was her "thing"

#2 she has made complaints that she is the sole person in charge of taking care of the dogs at her house. They have six dogs and only one is hers but she is in charge of everything to do with them.

#3 She has complained that she is always screaming at her and that she makes her clean her room (moms room, not daughters) and if she forgets things she comes home screaming at the top of her lungs at her.

#4 She has mentioned before she is scared of her (hence the reason why she never did bring up wanting to move) because she claims that her mother got into an argument with her older sister before (she is 16 but I believe this happened when she was around 14) and her mother throat punched her. Daughter did not witness this with her own eyes but the sister told her about it and apparently mom even thought it was okay to mention it to daughters old gymnastics coach.

I can not say if these allegations or correct or not and I do not even know if they are even valid enough. She has never been violent towards my daughter that I am aware of, I feel like if she was, she would tell me especially since she is now wanting to live with me.

 

[cbg]

None of these constitute a change of circumstances that would warrant a custody change. And before you ask, all of them together do not constitute a change of circumstances.

 

[txdadto6]

None of these constitute a change of circumstances that would warrant a custody change. And before you ask, all of them together do not constitute a change of circumstances.

I wasn't planning to ask, I was just answering what I was asked and was waiting for an opinion after that. Thank you for giving me your answer.

 

[Ohiogal]

I wasn't planning to ask, I was just answering what I was asked and was waiting for an opinion after that. Thank you for giving me your answer.

Custody, to let you know, is something for adults to discuss. Not an adult and a child. Maybe your daughter should be in counseling and you and MOM should discuss this. You are the adults. You two are the ones who co-parent. You can ask Mother about the issues your daughter has broached with you if you want because as a 13 year old, she may have heard things wrong or is trying to paint an inappropriate picture in order to get your sympathy.

 

[zddoodah]

None of these constitute a change of circumstances that would warrant a custody change.

I wouldn't say none of them do.

Dad: I'd suggest that, if you're really interested in pursuing this, you seek a consultation with a lawyer to discuss the likelihood of success and the likely financial cost. Then you can make an informed decision.

 

[LdiJ]

Well, she mostly just says that she wants to live here because she feels she does not see us enough. Us being myself, step mom and she has three siblings here.
Her other concerns are that #1 She has been in competitive gymnastics for about 4 years now and she is very good at it. She recently has lost interest in it and has expressed to her mother that she does not wish to be in it anymore. Her mom told her no, she has to continue or she has to join another sport or something. She then said she would like to be in theater instead but her mother also shut that down and told her she could not be in that because her older sister was and that was her "thing"

Mom saying that she has to be involved with something but the something cannot be horning in on big sis's activity, then I think that mom is being reasonable there.

#2 she has made complaints that she is the sole person in charge of taking care of the dogs at her house. They have six dogs and only one is hers but she is in charge of everything to do with them.

Mom has given her a chore. I think that is reasonable as well.

#3 She has complained that she is always screaming at her and that she makes her clean her room (moms room, not daughters) and if she forgets things she comes home screaming at the top of her lungs at her.

#4 She has mentioned before she is scared of her (hence the reason why she never did bring up wanting to move) because she claims that her mother got into an argument with her older sister before (she is 16 but I believe this happened when she was around 14) and her mother throat punched her. Daughter did not witness this with her own eyes but the sister told her about it and apparently mom even thought it was okay to mention it to daughters old gymnastics coach.

Both of the above items sound like 13 year old girl exaggeration and drama to be honest.

I can not say if these allegations or correct or not and I do not even know if they are even valid enough. She has never been violent towards my daughter that I am aware of, I feel like if she was, she would tell me especially since she is now wanting to live with me.

I agree with the others that this is really not enough of a change in circumstance. I will tell you something dad, when my daughter was 13 she also wanted to go live with her dad and he said the same things to her that you did...and he was just as wrong as you were. When he and I sat down at talked I explained to him that giving her that option only made it harder for me to exert discipline over a 13 year old girl. I explained to him that what he really should have said to her was that the judge decided that she was to live with her mother the majority of the time and that it could only be changed by going back to court, and that if she felt strongly enough about it he would discuss it with me, but that if she thought that things were going to be any easier at his house, that she would find out that she was wrong. He had THAT discussion with her, and that was the end of it.

Adolescent and young teenage girls are very much drama queens and they often have "grass is greener" mentalities.

However, it is also possible that she is flat out lying to you about her real reasons. If she is being bullied at school or something is going wrong in her social life then that might change how mom feels about things. So, in that instance I would agree that counselling/therapy might be in order for her, to make sure that nothing is going on that she isn't telling you or mom.