Tuesday, January 19, 2010

What age does a child have to be to decide what parent they want to live with if the parents are no together?

I live in the State of Texas, my daughter is 11 years old, I feel the child is being neglected a little by her mother, not paying enough attention to her. The child wants to move with me her father. What rights do I have as a father and what direction do I need to go in to getting my daughterWhat age does a child have to be to decide what parent they want to live with if the parents are no together?
Based on the reason, barring a statutory age, generally the courts use an ';in camera'; approach for those over 12. The court will possibly talk to the child in chambers, privately as to the child's concerns and ';feelings';. Evidence would be taken from both parents via testimony or possibly just on briefs. Unless the mother agrees, and again , based on the reasons, I doubt there would be a custodial physical care change at this point. Generally, children under 12 are not the best judge of their own needs.


';neglected a little: sound ';fixable';; rather than get into an expensive and possibly fruitless adversarial court fight; perhaps some communication the ';neglect'; should be addressed. You seem like a caring , reasonable father (since you didn't exaggerate and demean your child's mother) perhaps you could fill the gaps of care or attention the child is feeling. Most children approaching puberty feel at odds with themselves and others; normal changes as they change from child into a teenager.What age does a child have to be to decide what parent they want to live with if the parents are no together?
The child, as long as he/she is under eighteen does not ever get to decide. It is up to the court and the court must do what they percieve to be as ';in the best interest of the child';. However, at 12 the child may file a notarized document referred to as an ';Election by a Minor to Determine Custodial Parent'; or something to that effect. The court will consider the child's preference but they have the final say. Even with that filed though you would need to file a Petition to Modify in a Suit Affecting the Parent-Child Relationship. If you want custody of your daughter there is really no quick, cheap fix and you'll have to hire an attorney. If custody changes there will be many issues that will need to be addressed such as visitation, child support, medical support, etc. and the process usually requires at least a couple of court appearances. Good luck....
The child can decide when they are 18. The courts do not make children choose between their parents, because that's emotionally scarring.





You need to contact her mother, and if she's adverse to the idea, you need to contact a lawyer.

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