Texas Divorce and Child Custody – Let ME Choose Where to Live! | Schreier Housewirth

A question that is frequently asked at child custody law firms is whether the child in a custody case can choose which parent they get to live with.

Custody lawyers find that some children have definite preferences for living with one parent over the other and depending on their age, they are entitled to be heard by the court.

As a matter of fact, Texas law states that the court shall hear a child’s request in an interview when determining which parent to assign primary conservatorship with.

Children 12 Years of Age or Older Must Be Heard

Child custody attorneys also point out that based on the terminology documented in the law, the court not only will hear the child’s argument on their preference but they are required to hear it once a child reaches 12 years of age.

For children that meet the age requirement, their opinion is definitely taken into consideration when a judge assigns primary conservatorship, as they wish to make a decision that is in the child’s best interest.

Does A Child Get to Choose?

Does this mean that the child will automatically be placed with their parent of choice?

While the child’s preference is important, child custody lawyers find that there is much more that goes into the making of this critical decision.

Clients of child custody law firms can learn more about how their child’s opinion is considered during a Texas custody hearing and how preference is weighed by judges making the final decision in this short video from Board Certified Family Law Attorney Greg Housewirth.

At the end of the day, Texas custody attorneys do agree that a child’s preference on which parent they wish to live with is an important opinion for determining what is in that child’s best interest.

Yet it is not the only opinion that matters and there are other factors involved.

Contact an understanding child custody attorney to assist with child custody issues and ensure that children are allowed to voice their opinion and contribute to the decision-making process on their own behalf.

Schreier & Housewirth Family Law

1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110

817-923-9999

Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.

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