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In the state of Texas, at what age may a child speak to the

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In the state of Texas, at what age may a child speak to the court concerning their visitation or custody? I have a 14 year old daughter, 13 year old son, and 9 year old daughter. CPS has been involved as well as multiple occasions of neglect, violence, and alcohol related issues.

max713 :

Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

A child may communicate to the court his or her preference with respect to custody, visitation etc. at age 12 or older in the State of Texas. See Texas Family Code 153.008 for more:

"§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE RESIDENCE. A child 12 years of age or older may file with the court in writing the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child, subject to the approval of the court."

max713 :

Does that make sense?


Yes, I am the primary but I am wanting to find out if they can ask the court to to only live with me. My oldest daughter has refused to go to her father's house since May and he really has not pressed the issue. My exhusband is marrying a woman they have never met next week and were just told this last night. My older children do not wish to continue their visitation arrangement with their father because of the issues in the past but it seems to have come to a head last night.

max713 :

Remember, a child's preference only holds so much weight.

max713 :

However, that preference is considered starting when the child is 12.


Thank you. I think their is a tremendous amount of information that can be brought forth but I didn't know how much the child's preference can help.

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