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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37665
Experience:  I provide family and divorce law advice to my clients in my firm.
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how old does my son have to be to be able to make his own choice

Customer Question

how old does my son have to be to be able to make his own choice of who he wants to live with.his bio. father hasnt been in his life for 8 1/2 years now that hes 9 yrs old his bio father wants to take him away and make him live with him. can my son tell a judge no and or does it matter that he has a lawyer and i do not yet from not being able to afford one w/ school and work and being a single mom of 3?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

Children even as young as 9 can be quizzed by the judge, but ultimately the judge will decide as to what is in the best interest of the child. Texas does not permit minors to pick their parents, but does take their opinions into consideration, although usually around 14 and older, and not typically at 9.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 6:20 AM EST
Customer: replied 4 years ago.

is it legal for his lawyer to just file a paper on my behalf and say i was there and it was notarized in front of me and it is in my unmarried name which i wouldnt sign

Expert:  Dimitry K., Esq. replied 4 years ago.
If you never signed the document, it is not valid, and you can so claim to the judge when you go in front of him--you do have the right to dispute the documentation.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 6:26 AM EST
Customer: replied 4 years ago.

is it true that he can make me pay for half of his leagal fees and if so cant i do the same

Expert:  Dimitry K., Esq. replied 4 years ago.
That depends on the judge--if the judge deems that you both went to court over stubborness or unwillingness on your part (in other words that you were responsible for the court hearing), then the court may get you to pay a part of the other party's legal fees, but that is unusual.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 6:30 AM EST

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