Can a Child Choose Which Parent to Live With in Texas?

When parents separate or divorce, one of the most common questions is: “Can my child decide which parent to live with?” In Texas, the answer is not as simple as yes or no. Here’s what you need to know.

Does Texas Allow Children to Choose?

Texas law does not give children the absolute right to choose which parent they live with. However:

• If a child is 12 years or older, they can express a preference to the judge.
• The judge considers this preference but does not have to follow it.

How Does the Court Consider a Child’s Preference?

The child’s wishes are one factor among many in determining the best interest of the child. Other factors include:

• Each parent’s ability to provide a stable home
• Emotional and physical needs of the child
• History of domestic violence or substance abuse
• School and community ties

What Is an In-Camera Interview?

When a child expresses a preference, the judge may conduct an in-camera interview (a private conversation in the judge’s chambers). This helps:

• Protect the child from courtroom stress
• Ensure the child’s opinion is heard without pressure

Can a Child’s Preference Change Custody Orders?

Yes, but only if the court finds that the change serves the child’s best interests. A child’s preference alone is not enough to modify custody.

FAQ Section

Q: At what age can a child choose in Texas?
 A: At age 12, a child can express a preference, but the judge makes the final decision.

Q: Can parents agree without court involvement?
 A: Yes, parents can agree on custody terms, but the court must approve them.

Meet With Our Team to Learn More About Child Custody in Texas

Consult with an experienced family law attorney at Kimbrough Legal, PLLC, for help understanding how child custody decisions work in Texas and navigating your rights. We know how to meet you where you are by bringing a warm and reasonable approach to your case. Contact our office today to schedule a meeting about your custody concerns.