Can My Child Decide Which Parent They Want to Live With After Divorce?

Going through a divorce isn’t easy, and when kids are involved, it gets even harder. One of the biggest questions on parents’ minds is, “Can my child choose who they want to live with?” It’s a natural concern that your child may not choose to live with you. If they do, will you be cut out of their lives or unable to fight back?

In Texas, child custody decisions aim to do what’s best for the child, but the rules around how much say your child has can seem complicated. As a result, many parents wonder how their child’s wishes are considered during the divorce process. Is there a certain age when they can decide? Do the courts consider their opinions during a custody battle? Navigating child custody issues during a divorce can be emotionally challenging, especially when considering your child’s preferences. To ensure your rights and your child’s best interests are protected, it’s essential to have the support and guidance of our team of experienced Texas child custody attorneys.

Understanding Texas Child Custody Laws

When parents decide to part ways, figuring out who the kids will live with is a big part of the divorce process. In Texas, the law has its own way of handling this, focusing on two main types: physical custody and legal custody.

Physical vs. Legal Custody

Physical custody is about where the kids live. It’s about their day-to-day life, like who makes them breakfast or takes them to soccer practice. Texas courts call physical custody “possession and access.”

Legal custody deals with making major decisions for the kids. This includes choices about their health care, education, and even religious upbringing.

In some cases, one parent might have the kids living with them most of the time (sometimes called primary custody), while both parents share the decision-making (legal custody). Other times, parents might share both physical and legal custody more evenly. It all depends on what’s best for the child.

The “Best Interest of the Child” Standard

Texas courts use the “best interest of the child” standard to make these decisions. This means the court looks at everything from the child’s emotional needs and safety to the stability of each parent’s home. They consider how well the child is doing in their current situation, the health of all involved, and even the child’s own wishes, especially if they’re older.

This “best interest” rule is the guiding light for courts when deciding on custody. It’s not about what the parents want but about what’s best for the kid. This can mean many things, like keeping a stable home life, ensuring the child keeps a strong relationship with both parents and considering the child’s feelings and needs.

At What Age Can a Child Decide Which Parent to Live With in Texas?

In Texas, once a child reaches the age of 12, they’re allowed to express their preference about which parent they’d like to live with primarily. However, this doesn’t mean they get to make the final decision. A judge will listen to what the child wants, but it’s just one of many factors that they will consider.

The court considers this preference, but it’s weighed alongside other important factors to determine what’s in the child’s best interest, including:

• The physical and emotional needs of the child now and in the future.
• Any danger to the child’s physical or emotional health.
• The stability of each home environment.
• Each parent’s ability to provide for the child’s needs.

It’s all about balance. The court aims to ensure that the child’s voice is heard without putting the entire decision-making burden on their shoulders. It’s a way of acknowledging that kids have feelings and preferences that matter and that adults must make the final call on what’s best for their well-being.

How the Child’s Preference is Communicated to the Court

In Texas divorce cases involving child custody, the child’s preference can play a role in the court’s decision-making process, especially for children 12 and older. However, communicating this preference to the court is handled carefully to protect the child’s interests and feelings.

One common way a child’s preference is formally communicated to the court is through what’s called an “in chambers” interview. This means the judge talks to the child privately in the judge’s office (the chambers), away from the courtroom, and, typically, without the parents present. This ensures the child feels safe and comfortable expressing their true feelings and preferences without feeling pressured by either parent.

During this interview, the judge might ask the child about their living situation preferences, how they feel about spending time with each parent, and other questions about their well-being and desires. The goal is to understand the child’s perspective in a more relaxed and less intimidating setting than a courtroom.

Contact Our Houston Child Custody Attorneys Today

At Moving Forward Divorce Lawyers, our Houston child custody lawyers are here to help you through this difficult time. We know that maintaining a relationship with your children is paramount for you. That’s why we fight to help you through custody battles, ensuring that you get to be an integral part of your children’s lives.

Call us at 713-589-4748 or fill out our confidential contact form to learn more about your legal options. We can work with you to help you untangle your lives and move forward into your future. Call us today, and let’s talk!

THOMAS H. SMITH III

Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law. Read more here.