When do a child’s wishes factor into a Texas child custody case?

On Behalf of | Sep 15, 2022 | Child Custody |

During a Texas child custody case, you may find that you and your child’s other parent have differing opinions about where your child should live and when. This may prove especially true if there is a high level of animosity that exists between you and your former partner. If your child is old enough to start voicing his or her own opinion on the matter, you may wonder how much weight the Texas family court system might place on his or her custody preferences.

According to the Texas State Law Library, a judge is likely to listen to your child’s wishes and preferences once he or she reaches a certain age.

When your child may voice an opinion

A judge may listen to your child’s wishes about where he or she wants to live and when if your son or daughter is at least 12 years of age. However, just because the judge listens to your child’s preferences does not necessarily mean that he or she is going to sign off on the arrangement your child desires. Many other factors in addition to your child’s wishes carry weight in a child custody case.

What other factors carry weight

How much of a relationship you and your child’s other parent currently have with your son or daughter may help steer decisions in a child custody case. So, too, might your living and financial situations, and those of your former partner. Whether there is any history of abuse or neglect on either side may also factor into a judge’s final decision.

While a judge may consider a child’s wishes with regard to custody if that child is at least 12, ultimately, the judge’s job is to come up with an arrangement that is most likely to meet the child’s needs.



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