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

When can a child choose which parent to live with?

Many parents believe that once a child turns 12, they can choose which parent they want to live with. This is one of the biggest misconceptions in Texas family law.

The truth is more nuanced.


Texas Does NOT Allow a Child to “Choose” a Parent

A child cannot legally decide where they want to live.
However, their preference can be considered by the judge.


How a Child’s Preference Is Expressed

A child’s opinion may be heard in one of two ways:

1. Interview by the Judge (Age 12 or Older)

A judge must interview a child age 12+ if requested.

2. Interview by the Judge (Under Age 12)

A judge may choose to interview a child under 12.

These interviews are private — neither parent is present.


How Much Weight Does the Judge Give the Child’s Preference?

The preference is only one factor among many.

Judges also consider:

  • Stability of each home
  • Parental involvement
  • School performance
  • Emotional needs
  • Work schedules
  • History of family violence
  • Mental health and substance issues
  • Ability to co-parent

A child’s preference will never override safety concerns.


What Judges Want to Know

Judges typically ask:

  • “Why do you prefer to live with this parent?”
  • “What does your schedule look like?”
  • “How does each parent help you with school or activities?”
  • “Is anyone influencing your decision?”

Children coached by a parent often reveal inconsistencies.


Parental Alienation Concerns

If a judge believes one parent is manipulating the child, it can:

  • Hurt that parent’s custody position
  • Result in counseling orders
  • Lead to modification of custody

Alienation is a major red flag in Texas courts.


So, Can a Child Choose?

✔ They can express a preference
✘ They cannot choose outright
✔ The judge makes the final decision

The child’s best interest always controls the outcome.

Jesus R. Lopez

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