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    maggie26's Avatar
    maggie26 Posts: 1, Reputation: 1
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    #1

    Nov 29, 2009, 01:23 AM
    What age can a child decide who to live with in Texas courts
    I have a 12 year old daughter who will turn 13 on December 29th and a son that will be 11 demember 26th. My daughter is wanting to move to Tennessee and live with myself and her step-brothers. At what age can she discuss this with a judge and how do I get the ball rolling for her to talk with a judge?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 29, 2009, 06:12 AM

    This question has been asked and answered in this forum many times. A child can NEVER choose. Only a court can make the decision. And the court will do so based on the best interests of the child.

    Some states do have guidelines for the court to place weight on the child's preference. In Texas, a judge can take into account the prefer4ence of a child at least 12 years old.

    What you need to do is file for a change in custody. In Texas this is called conservatorship. I'm assuming you have Joint Managing Conservatorship (JMC) at this time. But that the other parent is the primary custodial parent. If the original court order was decided by a Texas court, then you have to file in Texas.

    You will need to build a case as to why she would be better off with you and her preference will probably not be enough.

    You may find this site helpful:
    WomensLaw.org | Texas: Custody

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