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I have custudy of my daughter. Her mom keeps telling her that when she turns twelve, in the state of Texas, law says she can go live with her

2007-10-15 04:32:49 · 10 answers · asked by Veronica V 1 in Family & Relationships Marriage & Divorce

10 answers

She can't just 'go live with her'. Mom would have to obtain custody first.

In TX, at the age of 12, a child is allowed to state their preference regarding which parent to live with. The court will consider the child’s wishes, but it’s only one consideration of many. The court is not required to abide by the child’s wishes.

2007-10-15 06:00:23 · answer #1 · answered by kp 7 · 0 0

It depends on what state the child is living in. In California there is no set age. At the age of seven the court will hear a child's views on which parent they live with. This doesn't mean that the court will side with the child. After listening to BOTH parents as well as the child the court makes a determination based upon what is best for the child regardless of what the child wants. If your ex is right then at 12 your daughter can go to court and talk to the judge.

2007-10-15 16:30:30 · answer #2 · answered by Anonymous · 0 0

There really is no set legal age that a child can choose where they want to live. A child can tell a judge their feelings, but the judge will make the final decision on whether the child wants the change for the right reasons, the maturity of the child, and what is in the best interest of the child.

2007-10-15 11:39:29 · answer #3 · answered by az_mommma 6 · 1 0

Obviously that's a question for a laywer in your state but I don't think it's that cut & dry. The Mom will probably have to petition the court to try to make a change to the custody order and perhaps the judge will take your daughters desire in consideration but I'm sure he/she'll take all the other factors in consideration too.

2007-10-15 11:40:41 · answer #4 · answered by real_kiss_fan 3 · 0 0

Veronica, in Ontario, Canada where I live the age is also 12. However, the judge will take the child into their chambers and speak with the child. After listening to both sides as well as the child's they will attempt to make the right decision in placing the child in what they feel is the safest and most secure environment for them. Best of luck and do not attempt to sway your daughter in making her decision as it may come back to bite you in the rear later in life. Best of luck.

2007-10-15 11:38:11 · answer #5 · answered by crazylegs 7 · 0 0

Your daughter probably can go live with her mother, but it still has to go through the court system, and it costs money.

If my son or daughter wanted to live with my ex, then I would discuss it with the child. I would let them know that they have to live by their decision, because it's something that has to go through the courts, and is a legal change.

Give your child food for thought, and also, respect her choices. I'd leave the financing to the mother. Not much else you can do.

take care.

2007-10-15 11:42:40 · answer #6 · answered by letterstoheather 7 · 0 0

I'm from NY but it was 12 up here because a girlfriend of mine did it and moved which parent she lived with

2007-10-15 11:42:49 · answer #7 · answered by sarah W 4 · 0 1

not true, 18 is the legal age, although she could petition the court at age 16.

2007-10-15 11:37:01 · answer #8 · answered by cutie420311 3 · 0 2

In Canada, it's twelve.

Don't know what it is in the states.

2007-10-15 11:36:27 · answer #9 · answered by lorrii k 2 · 0 0

I WOULD ASSUME 12! BUT NOT ACTUALLY SURE....

2007-10-15 11:38:11 · answer #10 · answered by rita_hiemy 3 · 0 1

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