Can My Child Choose Who They Live with in Texas?

One of the most frequently asked questions in child custody cases is “can my child choose who they want to live with?” It’s a hard question to answer, but we’re going to break it down for you.

The statute that covers this issue is found under Section 153.009 of the Texas Family Code, which repeals the older law, Sec. 153.008. Under Sec. 153.008, if the child was 12 years old or older, they could file with the court the name of the parent that they want to live with. The decision was still subject to the court’s approval of the choice, but it did not mean that the child was able to “choose”. It was simply used to state the preference of the child to the court so that they were able to make the best decision. This means that it was still the choice of the court to make the ultimate decision.

Many people believed that this law meant that the child 12 years or older, had the choice as to which parent they wanted to live with and this is the biggest misconception of the law. However this law has been repealed and replaced with Section 153.009.

Section 153.009’s role in living arrangements

Section 153.009 allows the parents to request an interview and the child would be able to meet with the judge to voice their preference. This law means that a judge is required to meet with a child if they are 12 years or older, but the judge is not required to meet with a child that is younger than 12 years old unless they deem it necessary. Most likely, in the interview the judge will ask the child why they prefer one parent to the other, and will assess the child’s maturity and understanding of the situation.

Unfortunately, this still doesn’t mean that the child’s wishes are the determining factor for which parent the child will live with but it will be taken into consideration as to which household is in the best interest of the child. The court will take the child’s preference as another form of evidence gathered, and use it with the evidence provided by the parents to make its final decision.

So what age can a child choose to which parent to live with in Texas?

Technically a child cannot officially decide which parent they want to live with until they’re 18 years old. Texas law deems that the court will ultimately decide which home a child will live, but a child that is 12 years or older will be able to voice their opinions to the court.