i was wondering about the new law [153.009] about a child under 12 choosing where to live, according to the circumstances at home. how does this work?
1 Answer from Attorneys
No child of ANY age gets to choose where to live. If asked, the judge MUST interview a child of at least 12 in chambers, but does not have to follow the child's wishes or even ask where the child wants to live. A judge MAY interview a child of less than 12, but does not have to.
You should be aware that many judges do not like to do this and some even think that it is abusive to the child to make him or her do this. A parent should be very cautious before asking a judge to do this. If the judge believs that the child has been threatened, brided or brainwashed to say certain things then it could go very bad for the parent doing this. I am board certified in family law and I have only done this once. And, yes, I regretted it.
If you have a case where this is an issue, you should make sure that you have a very good attorney.
Related Questions & Answers
Verbatim my alimony states " TERM - the payment will end 22 months from the... Asked 4/03/13, 9:09 am in United States Texas Family Law, Divorce, Child Custody and Adoption
My attorney has filed Contempt of Court on my child's father for non-payment of... Asked 4/02/13, 2:36 pm in United States Texas Family Law, Divorce, Child Custody and Adoption
In a divorce/child custody case can a recording that your spouse made without your... Asked 4/02/13, 7:43 am in United States Texas Family Law, Divorce, Child Custody and Adoption
Good afternoon. My fiancee was just served with a divorce citation. In the petition... Asked 4/01/13, 4:44 pm in United States Texas Family Law, Divorce, Child Custody and Adoption
I have lived with this man for 28 years. In 1992 he wanted me to claim him as a... Asked 4/01/13, 3:12 pm in United States Texas Family Law, Divorce, Child Custody and Adoption