Can a Child Choose Their Custody in Texas?

 Posted on January 13, 2025 in Child Custody

When parents divorce, one of the most challenging aspects is often determining child custody arrangements. A common question parents may ask is whether their child has a say in these decisions. Understanding state laws regarding child custody is key to navigating this sensitive process. With the guidance of an experienced Texas family law attorney, parents can develop a custody plan that balances legal requirements with the child’s well-being.

At What Age Can a Child Influence Custody Decisions in Texas?

Under Texas law, there is no specific age at which a child gains the right to decide custody for themselves. However, the Texas Family Code allows children age 12 and older to express their preferences to the court. This does not mean the court will follow the child’s wishes, but it does mean the court will consider them when determining what is best for the child.

Children under the age of 12 may still have their preferences heard, but it is at the court’s discretion whether to take those preferences into consideration. The ultimate decision always revolves around what the court believes will serve the child’s best interests.

How Does a Court Consider a Child’s Preferences?

If a child is 12 or older and expresses a preference, the court may conduct a private interview with the child, which is typically done in the judge’s chambers. This interview allows the child to share their thoughts in a safe, less intimidating environment. While the child’s input is valuable, it is only one of many factors the court considers. The court also evaluates other elements, such as:

• The emotional and physical needs of the child

• The stability of each parent’s home environment

• Each parent’s ability to provide for the child’s well-being

• Evidence of any history of abuse or neglect

Examining all of these factors helps ensure the child’s preferences align with their best interests. For example, if a child prefers to live with a parent who has a history of neglect, the court will likely prioritize the child’s safety over their stated preference.

Can a Child Choose Sole Custody in Texas?

A child cannot choose sole custody or make legally binding decisions about their living arrangements. Instead, their input contributes to the court’s decision-making process in determining conservatorship, possession, and access rights. These decisions outline where the child will live and how much time they will spend with each parent.

Even if a child expresses a strong desire to live with one parent, the court may still order shared custody or visitation with the other parent so that the child maintains a relationship with both parents.

What Happens If Parents Disagree About a Child’s Choice?

When parents disagree about custody and the child’s preference becomes a point of conflict, the court will step in to evaluate the situation. Judges rely on evidence, testimony, and expert opinions, such as those from therapists or child custody evaluators, to make a fair and informed decision.

Parents should avoid pressuring their child to choose them over the other, as this can negatively impact the child’s emotional well-being and the custody case itself.

Contact a Collin County, TX Child Custody Lawyer

If you are facing a custody dispute in Texas and want to understand how your child’s preferences might influence the outcome, a Frisco, TX child custody attorney at The Law Office of Linda Risinger can provide assistance. Our mother-daughter team has experience with Texas family law and is dedicated to helping families resolve custody matters. Call 972-294-6533 to schedule a free consultation and learn more about how we can help.