When can a child choose in Texas?

[Prima5]

What is the name of your state? Texas

I saw a posting inquiring as to what age a child has to be before he/she can choose which parent they want to be with but that was for the state of Ohio. What about Texas?

 

[Whyte Noise]

The age in EVERY state, except Georgia, is 18. Period.

Edit: Let me clarify before JET says something about my reply...

At the age of 14 in Georgia the child can choose which parent to live with. A JUDGE HAS TO ORDER IT THOUGH FOR IT TO BE LEGAL. The child can't just wake up one day and "choose" to live with the other parent. He/she would tell a judge who they want to live with, and a judge would order it.

 

[CMSC]

The age of majority (which I believe MissouriGal is referring to when she says that is when a child can choose) is not 18 in every state except Georgia, just wanted to clarify for some who are reading. Check your state guidelines, some states are 19 and 21.

If a Motion to Modify is filed, in TEXAS, a child 12 years or older may file an affidavit with the court naming the parent with whom the child wishes to live. This is not binding, as said before, unless the judge decides it is in the best interest of the child.

 

[kidoday]

Check your state guidelines, some states are 19 and 21.

Ok I am confused here. Tell me in what states a 19 and 21 year old have to get permission from their parents for where they want to live?

 

[CMSC]

Ok I am confused here. Tell me in what states a 19 and 21 year old have to get permission from their parents for where they want to live?

I said that is the age of majority in some states. And if that is the age of majority they would not have to get permission, not sure where you got that from. No biggie.

 

[LdiJ]

Ok I am confused here. Tell me in what states a 19 and 21 year old have to get permission from their parents for where they want to live?

That is inaccurate. The age of majority is 18 in all states but one....I don't remember which one, it is somewhere out west...Idaho, Montana, somewhere like that...whichever state it is the age is 19. I can't be entirely sure that is even correct...but an attorney in that state gave me that information.

The age of emancipation for child support purposes though is 19, 20 or 21 in some states...and people get confused and assume that means that the age of majority/legal adulthood is also that age.

In my state, Indiana, child support goes to age 21 or empancipation, whichever comes first. However a child is a legal adult at age 18. However if the child asserts their rights as a legal adult at age 18...and chooses to emancipate themselves by moving out on their own...then child support stops.
If the child chooses to move in with the original ncp, then its possible that child support could be transferred...although that is fairly rare.

 

[Whyte Noise]

CMSC...

The question wasn't what the age of majority was in Texas... it was what age can a child choose which parent to live with in Texas. Maybe I mis-spoke when I said in ALL states, but this is the 3rd time it's been asked in one day. I admit when I'm wrong... God-complex and all.

LdiJ is incorrect... (Sorry, but it's true) In some states the AOM IS 19... in D.C. the age of majority is actually 21, and it's also 21 in Mississippi and New York.

Nebraska and Alabama are 19.

California it's 18, unless the child is still in high school, then it's 19 or graduation, whichever occurs first.

Same for Kentucky. It's 18, or 19 if attending high school still. Same for Nevada.

In Oregon, it's 18... unless the child is still in school at least half-time, then it's 21.

Ah well, you get the picture.

 

[LdiJ]

CMSC...

The question wasn't what the age of majority was in Texas... it was what age can a child choose which parent to live with in Texas. Maybe I mis-spoke when I said in ALL states, but this is the 3rd time it's been asked in one day. I admit when I'm wrong... God-complex and all.

LdiJ is incorrect... (Sorry, but it's true) In some states the AOM IS 19... in D.C. the age of majority is actually 21, and it's also 21 in Mississippi and New York.

Nebraska and Alabama are 19.

California it's 18, unless the child is still in high school, then it's 19 or graduation, whichever occurs first.

Same for Kentucky. It's 18, or 19 if attending high school still. Same for Nevada.

In Oregon, it's 18... unless the child is still in school at least half-time, then it's 21.

Ah well, you get the picture.

Again my friend, you are confusing the age where child support stops with the age when someone becomes a legal adult. They are two completely separate and distinct issues. Legal adulthood does not necessarily end child support. It used to end child support...but the various state legislators in the last 10 years or so began to recognize that legal adulthood did not automatically equal empancipation.

You are also assuming that emancipation and legal adulthood are the same thing...again, they aren't.

 

[Whyte Noise]

And for some reason, you're assuming I'm some other poster, when I'm not.

No, I'm NOT talking about when child support ends. I'm talking about the AGE OF MAJORITY in some states.

Google it. Look it up yourself. Hell, nevermind, I'll just post it here FOR YOU:

Alabama - 19, No modifications.

Alaska - 18.

Arizona - 18.

Arkansas - 18 or when child graduates from high school.

California - 18; unless child still in high school, then on graduation or 19th birthday which ever occurs first.

Colorado - 18.

Connecticut - 18.

D.C. - 21 years of age, or at the point the minor is self supporting through marriage, employment, or military service.

Delaware - 18.

Florida - 18.

Georgia - 18.

Hawaii - 18.

Idaho - 18.

Illinois - 18.

Indiana - 18.

Iowa - 18.

Kansas - 18.

Kentucky - 18, 19 if attending high school

Louisiana - 18: unless emancipated earlier by notarial act, marriage or judicial determination: if child is still in high school, then age 19, or upon graduation from high school, whichever occurs first.

Maine - 18.

Maryland - 18.

Massachusetts - 18.

Michigan - 18.

Minnesota - 18. With a person's 18th birthday come most of the rights, privileges, responsibilities, and obligations of adulthood. These rights include the right to vote, the right to make contracts, the right to marry without permission from parents or guardians, the right to purchase a firearm, and the right to serve on a jury.

Minnesota - 18.

Mississippi - 21

Missouri - 18.

Montana - 18; or earlier if married, in the military, or fully financially independent of custodial parent.

Nebraska - 19

New Hampshire-Age of Majority: 18 (FULL CIVIL RIGHTS)

New Jersey - 18.

New Mexico - 18; however, a 16 year old may be emancipated by having entered into valid marriage or active duty in armed services or by receiving declaration of emancipation pursuant to court petition and order showing he/she is living apart and managing his/her own affairs.

Nevada - 18; 19 if still in high school.

New York - 21; NY has no statute with respect to emancipation*; issue is decided on case-by-case basis; emancipation can take place before 21, if appropriate court so decides

North Carolina - 18

North Dakota - 18

Ohio - 18 or graduated from high school, whichever occurs later.

Oklahoma - 18.

Oregon - 18; 21 if in school half-time or more.

Pennsylvania - 18 and out of high school.

Puerto Rico - 21 years of age, or whenever minor is self-supporting through marriage.

Rhode Island - 18.

South Carolina - 18.

South Dakota - 18.

Tennessee - 18; unless child is still in high school; in such cases emancipation occurs when child graduates from high school or when class child is in when he/she reaches age of majority.

Texas - 18.

Utah - 18, or child graduates with high school graduating class.

Vermont - 18.

Virginia - 18 or a full-time high school student, not self-supporting, and living in the home of the parent, until the child reaches the age of nineteen (19) or graduates from high school, whichever comes first.

Washington - 18, Except as otherwise specifically provided by law, all persons shall be deemed and taken to be of full age for all purposes at the age of eighteen years.

West Virginia - 18.

Wisconsin - 18 and graduation from high school, or 19 years of age, whichever is sooner.

Wyoming - 19.

And just to further prove to you that I'm not talking about when child support ends... look at the AGE OF MAJORITY in Indiana. It's 18. HOWEVER, child support in Indiana GOES TO AGE 21. The age of Majority in Missouri is 18, HOWEVER, child support can be ordered up until the age of 22. The age of majority in Georgia is 18, HOWEVER child support can be ordered up to the age of 20. None of the above mention CHILD SUPPORT... they do however mention what rights a person would have once they reach the age of majority. Why? Because that's what they pertain to... the age of majority, NOT child support!

YOU are the one doing the assuming here... YOU are assuming that I'm talking about when child support ends, and I most certainly am not. I'm talking about the age of majority. When a person legally becomes and adult in the eyes of the law of their state. I'm also not assuming that emancipation and legal adulthood are one and the same, like you stated you THINK I am.

 

[CMSC]

CMSC...

The question wasn't what the age of majority was in Texas... it was what age can a child choose which parent to live with in Texas. Maybe I mis-spoke when I said in ALL states, but this is the 3rd time it's been asked in one day. I admit when I'm wrong... God-complex and all.

Enlighten me, what were you speaking of when you said a child can choose at the age of 18 in all states but Georgia? As I said, I believed you were referring to the Age of Majority and that is what I was correcting.

What I posted (except for the aom part) was at what age a child's choice can be considered in Texas, which addressed the posters question.

LDiJ, lets really confuse the poster. The definition, in case someone did not know, for age of majority is: the age one becomes a legal adult and gains full legal rights.

I'd love to see some statute's containing the information you have posted. Also (as MissouriGal pointed out) different states have different age's of majority. Some states have emancipation laws and ages in which they can request emancipation, but not all states.

 

[LdiJ]

Enlighten me, what were you speaking of when you said a child can choose at the age of 18 in all states but Georgia? As I said, I believed you were referring to the Age of Majority and that is what I was correcting.

What I posted (except for the aom part) was at what age a child's choice can be considered in Texas, which addressed the posters question.

LDiJ, lets really confuse the poster. The definition, in case someone did not know, for age of majority is: the age one becomes a legal adult and gains full legal rights.

I'd love to see some statute's containing the information you have posted. Also (as MissouriGal pointed out) different states have different age's of majority. Some states have emancipation laws and ages in which they can request emancipation, but not all states.

I think there is a more simple solution to this question. If someone has a question on this issue then they should ask a local attorney. However the bottom line regarding legal adulthood is what age a child can do whatever they like without any imput from a parent....believe it or not folks...its age 18...everywhere but perhaps that one western state that I can't remember.

That entire list that was posted is something that I have seen often...but it has nothing to do with legal adulthood. It has to do with the age of emancipation for child support purposes.

Everyone in the US can join the military without parental approval at age 18....legal adulthood. Everyone in the US can marry without parental approval at age 18....legal adulthood. Everyone in the US can sign a contract at age 18 without parental approval...legal adulthood. Every person without medical insurance is held responsible for their own medical bills at age 18...legal adulthood. (unless a hospital cons a parent into co-signing...which they often do)

If there is anyone here who can legitimately state that a court gave them control over a child who was over 18 (and not disabled)...then I will cheerfully admit defeat (and go do a whole lot more research to see how that happened)

 

[Smarty Panties]

As I was reading this I was remembering the MIA TX attorney BoxCarBill. I am almost positive that he/she said the same thing CMSC did about a child over 12 being able to choose which parent to live with (in TX of course). Well, I was thinking it was 14 but I still think he/she said a child could choose at a certain age.

 

[Whyte Noise]

Once again LdiJ, I have to differ with you.

As one example, the age to marry without parental consent in Mississippi is 21. The age of emancipation. Don't believe me? Here you go... with the URL to back it up...

Under 21: Parental consent is needed if under 21 years of age. If parents or guardians do not give consent at time of application, they will be notified via certified mail. The marriage application will be held for three (3) days. Marriage licenses cannot be issued to males under 17, or females under 15 years of age. If the clerk receives a signed authorization from the parents, this minimum age requirement can be waived.

http://usmarriagelaws.com/search/united_states/mississippi/index.shtml

Scroll down about 1/4 of the page. It's right under the "Fees: $22. Cash only." and the Blood test requirement.

Ala. Code § 26-1-1

Alabama Code
Title 26
INFANTS AND INCOMPETENTS
Chapter 1
GENERAL PROVISIONS.

Age of majority designated as 19 years.

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.


Mississippi, Miss. Code. Ann. § 1-3-27

SEC. 1-3-27. Minor.

The term "minor," when used in any statute, shall include any person, male or female, under twenty-one years of age.

SOURCES: Codes, 1892, Sec. 1508; 1906, Sec. 1585; Hemingway's 1917, Sec. 1352; 1930, Sec. 1376; 1942, Sec. 684.


That's just 2. If you research, youll find more.

But, as you can see, the above statutes refer to the Age of Majority, and have nothing at all to do with child support.

The list I posted in my previous post had nothing to do with child support at all. If you must have the URL to it, here it is:

http://www.tangledmoon.org/majorityage.htm

That webpage has nothing at all to do with child support. It has to do with teaching a certain religion, and what the age of majority is in certain states so that people wouldn't be teaching MINORS. I doubt if you've seen THAT particular list in reference to when child support ends.....

 

[Whyte Noise]

As I was reading this I was remembering the MIA TX attorney BoxCarBill. I am almost positive that he/she said the same thing CMSC did about a child over 12 being able to choose which parent to live with (in TX of course). Well, I was thinking it was 14 but I still think he/she said a child could choose at a certain age.

Yeah, BCB did post about a child of 12 being able to write an affidavit in Texas, making a formal request to the court... stating their wishes as to the custodial parent. He didn't say the child could choose though... just submit the written affidavit.

https://forum.freeadvice.com/showthread.php?t=154971&highlight=texas+affidavit+year+child

My response:

Yes a child of 12 can attach an affidavit of Choice of Managing Conservator to a parents Motion to Modify and assuming both parents are fit the court will give great weight to the child's preference. And as you pointed out, child support remains in effect until the child reaches 18 or graduates from high school, which ever comes later, the child marries; the child dies; the child's disabilities are otherwise removed for general purposes; or the child is otherwise emancipated.

 

[Smarty Panties]

aha! ok. I knew I remembered something about that.