Where Will He Live?
The "Has anyone here, ever gotten this line????" thread brought up something that has been a constant irritant the past 6+ years I've been divorced.
I live in Texas and this is from the Texas Family Code:
Chapter 153, Sec. 153.008 and 153.009
Sec. 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE RESIDENCE. A child 12 years of age or older may file with the court in writing the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child, subject to the approval of the court.
Sec. 153.009. INTERVIEW OF CHILD IN CHAMBERS. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection.
(b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship.
(c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child.
There is much more, but it involves a jury trial so I didn't think it applied.
My X has been telling my DS that he will come live with him at age 12. He's a fairly good father, but we definitely have a different set of moral values and I'm not so sure that X's home is the best place for a teenage boy to be. Not one that's going to make something of himself. Plus, X smokes in his apartment and doesn't keep it clean.
According to this, a child can make a request after the age of 12, but it's still the courts' decision as to what the best interest of the child is.
I was so relieved to read the actual statute on this because I thought for sure I was going to have to give up my kid. Does anyone fear the age of 12 as far as having to give up custody of your kid?