At what age can a child decide with whom they want to live?
The law in Texas changed as of September 1, 2009 on this issue. Before then, a child could make a written preference but it was not binding on the court. Now, the only option available is for a child to speak directly with the Judge. If the child is over the age of 12 years, the Judge is required to speak with the child if a request is made by a party to the case. For a child under the age of 12 years, the Judge may speak with the child or decline to do so. For cases that involve visitation schedules or other issues relating to the child, the Judge may speak with the child in chambers.
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