Can a Child Pick Which Parent to Live with in Texas?

Can a Child Pick Which Parent to Live with in Texas?

Nov 21, 2022
img

When a divorcing couple has children, matters become more complicated. Children may have a preference on which parent they would like to live with, but they ultimately may not realize what is best for them.

The court takes into account the needs of each child by looking at their specific situation. If you are in the midst of a custody battle, you need the child custody attorneys at Mims Ballew Hollingsworth⏐Family Law to help you retain access to your child.

Get In Touch With Us

Does the Age of a Child Matter in a Custody Case?

According to Texas Family Code §153.009, if either a party to the suit, an amicus attorney (an attorney appointed by the court) or an attorney ad litem (court-appointed attorney who represents a child) requests a judge to conduct an interview with a child, the judge must meet with the child if they are 12 years old or older. If the child is under the age of 12, the judge is not required to meet with them. The private meeting is usually transcribed by a court reporter.

During the private interview, the judge will hear the child’s wishes on which parent they would like to reside with, including the child’s thoughts on visitation. However, the interview is only one piece of evidence in the judge’s final custody ruling.

Even a child that is 12 years old may desire to live with a particular parent because they consider them to be more fun. The child may not necessarily be picking a parent that will suit their best interests. This is why a judge always makes the ultimate decision on the child’s primary residence, allowing that parent to have primary custody.

Get In Touch With Us

We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

The “Best Interest” of the Child Standard

In Texas custody cases, judges must consider the “best interest” of the child in determining custody arrangements.

A list of factors is considered standard in helping judges determine what is best for each child. These standards were developed based on a case called Holley v. Adams, 544 S.W. 2d 367 (Tex. 1976).

In Holley v. Adams, the father, David, was granted custody of his son. His wife, Nanci, was named managing conservator, but the court did not order her to pay any child support. David was afraid that if he died that his wife would be unfit to raise their son, so David sued her in the hopes of terminating her parental rights.

Based on this case, the court developed “Holley” factors to determine the needs of a child in custody cases. These include:

  • The child’s desires;
  • The emotional and physical needs of the child now and in the future;
  • Any emotional and physical danger to the child now and in the future;
  • The parental abilities of the individuals seeking custody;
  • The programs available to assist the parents;
  • The plan for the child by these individuals;
  • The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the exciting parent-child relationship is not a proper one;
  • Any excuse for the acts or omissions of a parent.

The court did state that this list does not include every factor that they review. The list is a basic framework that courts use to guide them in custody decisions.

PROVIDING CUSTOM-TAILORED LEGAL SOLUTIONS

Fort Worth, TX Divorce & Family Lawyers

request consultation

SERVING FAMILIES WITH MORE THAN 75 YEARS OF COMBINED EXPERIENCE

When Can a Child Choose Which Parent They Want to Live With?

Only when a child reaches the age of 18 do they have the power to decide which parent they want to live with. Minors are not allowed to choose their primary residence or parent visitation rights.

Once a child reaches 18, they can refuse to see a parent. Prior to this age, a court will decide what they believe is best for the child.

Can a Child Custody Order Be Altered?

Yes, the custody order that is issued by the judge can be altered. However, either party is only allowed to request a change after one year has passed.

In Texas, custody arrangements are more commonly referred to as a parenting plan. If both parents agree to a different parenting plan schedule, then it is not necessary to follow the court order. However, if either party cannot agree on the visitation modification or if they want the court order to reflect their changes, then they will need to file a petition to modify the original court order. Once both parties can agree to the modification, then the only step left is to receive the judge’s approval.

client-img

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

How Can a Child Custody Lawyer Help?

Sometimes a divorcing couple is able to avoid going to court, but there are many times when the couple cannot come to a mutual agreement and must take their case to court. A child custody lawyer is trained to advocate for you and your children. Working with a Fort Worth Family Law Attorney ensures that you have expert legal support to navigate the complexities of your child custody case. A family lawyer understands the court system and how to build the strongest case in your favor.

There are certain times when it is essential to hire an attorney, including when:

  • The other parent has hired an attorney;
  • You have a prior history of legal problems or bad behavior;
  • Your child is in danger if they live with the other parent;
  • The other parent is moving (possibly limiting access to your child); and
  • Your case has special circumstances.

In cases with special circumstances, like if you have a disabled child or your child has emotional or mental health issues, you will need an attorney who can advocate in court for the needs of your child.

In general, it will be to your benefit to hire a child custody lawyer since they are familiar with Texas laws and can provide an unbiased perspective on your situation.

Contact a Child Custody Lawyer Near You Today

Whether you are in the middle of a custody battle or are in disagreement with your spouse, you need the dedication of the child custody lawyers at Mims Ballew Hollingsworth⏐Family Law. Contact us today to schedule your initial case evaluation. Put our team to work for you.

Client Reviews

What our clients are saying about us

Kam J.

star-img 3 months ago
review-quiet
Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

Contact Us Today!

Put Our Team On Your Side

or call us at

817-900-8330

    • img
    • img
    • img
    • img
    • img

    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

    Loyd Camp
    • img
    • img
    • img
    • img
    • img

    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

    Donna DeTomaso
    • img
    • img
    • img
    • img
    • img

    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

    William Hawthorne
    • img
    • img
    • img
    • img
    • img

    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

    C Grucza
    • img
    • img
    • img
    • img
    • img

    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
    • img
    • img
    • img
    • img
    • img

    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
    • img
    • img
    • img
    • img
    • img

    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

    James Homerstad
    • img
    • img
    • img
    • img
    • img

    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
    • img
    • img
    • img
    • img
    • img

    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

    Misty Benson
    • img
    • img
    • img
    • img
    • img

    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

    Phuc Lam
#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

Related Posts

locations

Areas we serve

area-1

Fort Worth, TX

Our Fort Worth family law attorney & Fort Worth divorce attorney are ready to take your case. Visit us now!

area-1

Southlake

Our experienced Southlake family law attorney and Southlake divorce attorney are ready to assist you. Get in touch with us now!

area-1

Flower Mound

Our Flower Mound family law attorney and Flower Mound divorce attorney are available to take your case. Contact us today!

area-1

Keller

Our Keller family law attorney and Keller divorce attorney are ready to guide you through your case. Visit us now!

 

area-1

Colleyville

Our Colleyville family law attorney and Colleyville divorce attorney are here to support your case. Reach out to us today!

 

area-1

Trophy Club

Our Trophy Club family law attorney and Trophy Club divorce attorney are ready to help with your case. Contact us now!

area-1

Grapevine

Our Grapevine family law attorney & Grapevine divorce attorney are prepared to take on your case. Visit us today!

area-1

North Richland Hills

Our North Richland Hills family law attorney & North Richland Hills divorce attorney are ready to handle your case. Get in touch with us now!

area-1

Denton

Our Denton family law attorney & Denton divorce attorney are available to take on your case. Contact us today!