Child custody can be a complex and emotional issue for parents, and it can be difficult to determine what is in the best interests of the child. In Texas, the court is required to make a child custody determination based on the best interests of the child, taking into account a number of factors such as the child’s age and developmental needs, the child’s relationship with each parent, and the ability of each parent to provide for the child’s physical and emotional needs.
One factor that the court may consider when making a custody determination is the child’s preference. In Texas, children who are at least 12 years old can express their preference as to which parent they would like to live with, and the court must consider this preference in making a custody determination. This means that if a child is at least 12 years old and expresses a preference to live with one parent over the other, the court must consider this preference when determining custody.
It is important to note that while the court must consider the child’s preference, it is not bound by it. The court has the discretion to award custody to either parent, and it may decide that it is in the best interests of the child to award custody to the parent who the child does not prefer. In making this determination, the court will consider a number of other factors, such as the child’s age and developmental needs, the child’s relationship with each parent, and the ability of each parent to provide for the child’s physical and emotional needs.
If the child is under the age of 12, the court may still consider the child’s preference, but it is not required to do so. In these cases, the court will consider the best interests of the child based on the other factors listed above.
Conclusion
In Texas, children who are at least 12 years old can express their preference as to which parent they would like to live with, and the court must consider this preference in making a custody determination. It is important to note that while the court must consider the child’s preference, it is not bound by it, and may decide that it is in the best interests of the child to award custody to the parent who the child does not prefer. If the child is under the age of 12, the court may still consider the child’s preference, but it is not required to do so.