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My 13 year old daughter decided last November the she wanted…

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My 13 year old daughter...
My 13 year old daughter decided last November the she wanted to live with her dad, the noncustodial parent. We haven not changed custody and she now wants to move back with me the Mom and custodial parent. How old does a child have to be in Texas to decide where they want to live?
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/27/2010
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

In Texas a child cannot decide for themselves. At 13 her opinion is taken seriously by the courts, but it is not controlling as the courts still decide if the parents are unable to do so. Since you never changed custody there is nothing else that you need to do in this situation.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/27/2010 at 2:30 AM EST
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Customer reply replied 8 years ago
We have not changed custody in the courts she is just living with her Dad. I still have custody on the court order. So I still have no recourse???
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
To get her back?

Of course you do--if under court order you have custody, you can file for a petition in court and demand that the order be enforced, or even contact the police and claim that the child was kidnapped.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/27/2010 at 2:38 AM EST
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