Legal Question in Family Law in Texas
When can the child decide?
My husband has custody of his two kids. His oldest (12) has decided that he would like to go live with his mother. He has a very rocky relationship with his mother and are pretty sure that the situation will not last and before long he will want to come home. Can we allow him to try it out with out having to give up custody? Is he old enough to make this decission?
2 Answers from Attorneys
Re: When can the child decide?
You can certainly allow a trial period to see if the change would work. If it works, custody and child support can be changed through a motion to modify.
Re: When can the child decide?
A managing conservator has the right to decide where the child will reside. Your husband may choose to allow the child to live with mom. At 12 years of age a child may inform a court about his/her CHOICE for managing conservator, but does not have the right to decide where to live.
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