Child Custody

Can a Child Choose Which Parent to Live With in Texas?

For most couples, divorce is a difficult decision and a complex process to navigate. However, when children and matters of child custody are part of the proceedings, it can be an emotionally challenging undertaking for everyone involved. So when the proceedings end up in court, the most favorable outcome is when the child’s best interests are met to provide them a stable life as they grow up.

However, this begs the question for many parents: can a child choose which parent to live with in Texas family law? 

This is a frequently asked question that often has a nuanced answer. While the state’s family law courts rule based on a child’s best interests, provisions ensure a child’s wishes are acknowledged. In this blog, we will discuss if and when a child can choose which parent they wish to live in Texas.

Can Children Choose Which Parent To Live With?

Many divorcing parents seeking child custody have a long list of questions. The most popular being “Can a child choose which parent to live with in Texas family law?”. The short answer is no, they cannot.

Let’s elaborate. Children themselves cannot decide their living arrangements. However, some provisions ensure their preference is noted and can impact the final decision. However, this is not the only deciding factor, and the court evaluates factors like a child’s age, maturity, interests, and other considerations.

Is There a Law That Considers a Child’s Preference in Custody?

The Texas Family Code §153.009 allows judges to consider a child’s preference. The law allows a child of at least 12 years old to speak with the judge privately in their chambers. This in-chamber interview lets the judge discuss the child’s wishes for custody and living arrangements.

The judge can deliberate about conservatorship, visitation, or the child’s overall relationship with both parents. This interview also allows the judge to assess a child’s maturity and ability to explain why they prefer one parent over another.

While this gives the court a clearer picture of the child’s preference, the judge isn’t obligated to rule based on the child’s wishes alone. Texas family law still prioritizes the child’s best interest, so a judge may rule against the child’s choice if other factors outweigh the child’s preference.

What Other Factors Can Affect the Court’s Decision?

While there are no hard criteria that define what the best interests of a child are, in Texas Family Law, it’s the court’s responsibility to interpret the law depending on the circumstances of the case.

One frequently-used guideline is the 1976 Texas Supreme Court ruling in Holley v. Adams, which led to the Holley factors. This non-exhaustive guideline is used to evaluate factors that can determine a decision that addresses a child’s best interest. These include:

  • The arrangement a child prefers
  • Addressing the emotional and physical needs of a child
  • Protecting the child from emotional and physical danger
  • The ability of either parent to provide a safe environment
  • The programs available to assist either parent with their child’s interests
  • Whether either parent can provide a stable home
  • Any acts or omissions that negatively affect the parent-child relationship, such as parental alienation

What Are the Possible Outcomes?

There are a number of possible outcomes to a child custody case, so it is best to discuss your case with a qualified family law attorney to understand the facts and options you have. In Texas law, child custody cases do not give preference to one parent over the other based on gender, and while a child’s preference is considered, it is not the deciding factor.

Generally, Texas courts provide joint custody (or “Joint Managing Conservators”) unless there is a good reason why one parent should be given full custody (or “Sole Managing Conservator”).

As Joint Managing Conservators, both parents have equal rights and duties to the child. However, the child will have a permanent residence with one parent while the other gets a specified number of visitation days. On the other hand, a Sole Managing Conservator becomes the parent with the exclusive right to make certain decisions on behalf of the child.

Frequently Asked Questions

Is the interview with the judge mandatory?

If the child is over 12 years of age and the parents request the judge to interview their child and learn their custody preferences, then the judge is obligated to hear and consider the child’s wishes. Otherwise, it is at the judge’s discretion to interview the child.

At what age can a child decide custody?

If divorcing spouses can’t agree on custody and end up in court, minor children don’t get the final say. The judge may interview a child and consider their wishes, but ultimately, the decision is determined by what the judge sees as being in the child’s best interest. After a child turns 18, they are no longer minors and can decide which parent they will live with.

Can Child Custody Be Settled Out of Court?

Not all divorce proceedings end up going to court. A couple can settle amicably, undergo mediation, or respect their children’s wishes and agree on custody arrangements based on their child’s preference. However, this doesn’t negate the need for proper representation. Having a skilled divorce lawyer protects the interests of all parties involved.

Protect Your and Your Child’s Interests With Proper Legal Representation

While a child’s preference plays a role in determining custody arrangements in Texas, that preference alone does not determine the outcome. Family courts consider all relevant factors to ensure they make decisions in the best interests of the child. 

If you are undergoing a divorce or a custody dispute in Texas, it is highly recommended you consult with an experienced Texas family law attorney. Discuss your case to receive relevant advice and learn your options for navigating the proceedings. Marx, Altman & Johnson provide affordable and experienced legal counsel and can help you through skilled representation. 

Contact us at 817-926-6211 to schedule an appointment at your nearest Marx, Altman & Johnson law office and speak with a skilled Dallas Fort Worth child custody attorney about your case!

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.