Legal Question in Family Law in Texas

at what age can a child petition the court to move in with the noncustodial parent. basically change the primary custodian

Asked on 12/25/10, 4:40 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

A minor child cannot petition the court. The other parent must file a Motion to Modify. The parent filing the Motion has the burden to prove why the move is good for the child.

The TX Legislature (in its last session over a year ago) has eliminated the written statement that the child could sign (after the age of 12) asking the judge to consider the child's request. Now, the judge must meet with the child in the judge's chamber. How this is handled is up to the judge since the legislature did not exactly specify how this interview is to be handled. The legislature left the specifics up to each individual judge.

The TX Family Code is available on-line for anyone that wants to read it. I don't suggest printing it out since it is hundreds of pages long.

I hope this information is helpful.

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Answered on 12/30/10, 6:39 pm

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