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

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Often, when a child reaches the age of 12, divorced parents in Texas wonder if their child will have a right to choose which parent to live with. Please continue reading and reach out to an experienced Montgomery County family law attorney from the Bolton Law Firm today to learn more about whether this is this case. Here are some of the questions you may have:

Does a child have a right to choose which parent to live with?

Simply put, no, a child does not have the right to choose which parent he or she wants to live with, even after they reach their 12th birthday. Though you may have heard this rumor or even have had people tell you this directly, it’s untrue. Though a child has the right to express a preference to a judge for living with one parent over the other, a child absolutely does not have the right to decide where he or she will live.

How is custody traditionally decided upon in Texas, and can I modify custody later on?

Typically, courts will only grant custody to the parent they believe can best serve their child’s interests. Of course, when making a custody decision, they will consider a variety of factors, including the child’s bond with each parent, which parent primarily raises the child, where the child would receive the best education and most social fulfillment, and more. Once your child is 12, the judge may consider your child’s preference, but this will not be the deciding factor in a judge’s determination.

That said, if something happens that may warrant a modification to a custody agreement, such as one parent developing a substance abuse issue or committing an act of domestic violence, the other parent can request a modification.

If you would like to know more about child custody in Texas, or what may happen when a child expresses a desire to live with his or her other parent, simply give a knowledgeable Montgomery County child custody lawyer from our legal team a call. We are here to help you, your family, and preserve your child’s best interests, at all costs.

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If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today to schedule your initial consultation.

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