my ex-wife and i have 3 children. my 6 year old son wants to live with me. we've been divorced for 2 years.
2007-08-26 08:27:30 · 15 answers · asked by devadevadasa 1 in Family & Relationships ➔ Marriage & Divorce
I hate to be the one to break this to you, but that is not how it works...there is an age where a child's opinions may or may not be considered - it depends on the judge & how he or she feels about a child's voice. However, a child can not just choose and expect it to be automatically granted.
A lot gets taken into consideration as to the reasons why the child is asking, if the child is interviewed and it comes to be that the child just feels the custodial parent is too strict - then there is not going to be a change granted. If there are serious problems, then it will be considered.
There is a huge misconception that a child can just walk in and say "I want to live with...." and automatically, just because they are a certain age - it will happen. It is categorically - untrue. The ONLY way that happens, is if both parents agree to the change - if one objects (usually the current custodial parent) both parents have to testify - and THEIR testimony is considered over the child's...
Until a child is 18 years old, they are a minor, the court does not recognize a minor being able to know what is best for them. The older they get, the more they will be able to express their feelings in a manner that is proper for the court, but that in no way gives them an "edge" to getting what they want.
A six year old will not be listened to in court. The courts are not going to separate siblings just because a child likes one parent better at the time.
You and your ex negotiated and came to an agreement about what was in the best interest of the children when you divorced. You signed an agreement stating that you agreed she would be the primary care giver. You can't just change your mind on one child & you can't change custody without a substantial change in circumstance
What you also have to consider is how your other two children would feel, Here you are wanting one, and not all. That is a psychological blow the court will simply not allow you to make.
2007-08-26 08:44:10 · answer #1 · answered by allrightythen 7 · 1⤊ 1⤋
Child emancipation law in Texas is 17. (I know because I live in Houston.) But that's only if the child wants to leave both parents all together. Under the circumstances you described, I would assume the age to be lower. In fact, there might not even be an minimum age. Talk with a lawyer about it.
2007-08-26 08:33:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This Site Might Help You.
RE:
at what age can a child choose which parent to live with in texas?
my ex-wife and i have 3 children. my 6 year old son wants to live with me. we've been divorced for 2 years.
2015-08-14 17:52:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The age of 18, other than that, the judge makes a decision based on what is best for the child. The judge will most often at least hear the child out, but is under no legal obligation to do what the child requests.
2016-03-16 05:50:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
12 is when the judge really starts to listen.
It's not just a matter of "I want to live with Dad' though, it's also a matter of a good home for the child as well.
12 is not the end all be all age either, if he is having severe issues with Mom, then the judge could well listen to him at the age of 6, only your attorney knows for sure.
My two sons decided at 10 that they wanted to live with me, my ex argued a little, but eventually realized that it was futile to force them to be somewhere they didn't want to be, we discussed it and agreed that if they just wanted to 'try it to see what it was like' then they would be able to come to either of us and say so, and they would return.
That was 7 years ago, and they haven't moved since, about ready to graduate, and turning ifrom good teens into good men.
Best of luck
2007-08-26 08:41:04 · answer #5 · answered by Michael H 7 · 2⤊ 1⤋
I am not sure what the legal age for a child to decide what parent they want to live with...but I can assure you that your 6 year old son is still too young. I am thinking it is 13.
2007-08-26 08:31:43 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Didn't you hear? The court knows what's best for your children. Just nod your head, and try not to piss them off. If you do, they'll put you in prison. (Sorry, I don't know the answer to your question, but I absolutely hate the fact that a child, has no say in matters of custody.)
2007-08-26 08:40:38 · answer #7 · answered by Anonymous · 1⤊ 0⤋
its between 12-17 but it depends on a lot of things like if ure child is abused by ure ex...etc if de oder 2 kids live with u it may help- sum judges may consider 6 too immature but attorneys/lawyers n judges all differ
2007-08-27 03:27:29 · answer #8 · answered by noob hustler 2 · 0⤊ 0⤋
I thought is was 14, but that has been some years ago. I suggest you go to the section on Yahoo Answers that deals with legal questions and post this question.
2007-08-26 08:33:39 · answer #9 · answered by nurse ratchet 6 · 0⤊ 0⤋
maybe the parents dont want to live in texas
2007-08-27 03:21:33 · answer #10 · answered by peter w 2 · 0⤊ 0⤋