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."
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.
Remember, a child's preference only holds so much weight.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).