The mental and physical health of parents.Any special needs that the child may have.In other words, a parent’s preference or child’s preference will not be a higher priority over what is actually best for the child.Ī non-exhaustive list of factors used to determine the child’s best interest are: While it is hard to define exactly what the Best Interest of the Child means, the purpose of such a standard is to ensure the child’s happiness, mental health, emotional development, and security are being met. More often than not, the attorneys do not attend the interview and a record is not made, due to the stressful nature of the interview for the child. Also, if a party requests, a record can be made of the interview. The attorneys for the parties or the child can choose to be present during the interview or allow the Judge to interview the child privately. Ultimately, the Court will still make its decision based on all of the evidence and may make decisions contrary to the desires of the child. Generally speaking, a Judge will first hear evidence from the parents, and any other witnesses, to establish necessary background facts that the Court will consider when interviewing the child. If the child is under age 12, if a party requests the Court interview the child, it is up to the Court’s discretion as to whether that interview will take place. If the child is age 12 or older, upon motion by a party, the Court will interview the child in chambers regarding their wishes as to the following:
AGE OF CONSENT TEXAS CODE
The Texas Family Code specifically addresses that a child may express which parent they’d prefer to live with once the child reaches the age of 12. When can a child choose which parent to live with in Texas?
AGE OF CONSENT TEXAS FREE
A free consultation with a child custody lawyer can help answer some of the questions you may about your case. Doing so will protect all parties involved from the stress of fighting over custody should either party decide to change their mind. However, because parenting plans are often filed with a court, it’s important that any modifications you agree on with your child’s other parent be updated and reflected with the Court. When your child begins expressing that they want to live with you over the other parent, it may be tempting to simply make the decision without court involvement-especially if the child’s other parent is in agreement. In Texas, the Court, or the parties, must create a parenting plan for the children that includes where and with whom the children will live most of the time. My child wants to live with me, what do I do? One of the most important factors a court uses to determine who should be the primary caretaker of the child is who has been the primary caretaker in the past and who has the ability to be a primary caretaker in the future. In fact, there are laws that state that there is no custody preference for women over men.
Times, however, have changed and the courts no longer uphold this belief. There was once the presumption that children should stay with their mother following a divorce. In fact, at some point, the child may begin expressing their desire to live with the other parent on a primary basis. For children, there are so many elements changing in their lives that it may become overwhelming. There are a lot of moving parts that parents have to worry about, but often, children are worried too. As parents, the living situation for your children is always top of mind when you begin any kind of legal process involving your children. Can a child choose which parent they live with?Ĭhild custody cases are tough.The best interests of the child standard.When can a child choose which parent to live with in Texas?.My child wants to live with me, what do I do?.
0 kommentar(er)
