Emotions often run high when it comes to custody disputes. Parents are understandably focused on what’s best for their children, but what about the children themselves? Do they get a say in where they live or how their time is divided?
The answer isn’t a simple yes or no. It all comes down to their age, maturity and the judge’s discretion, as outlined below.
When children’s opinions are considered
Under Texas law, a family court judge may ask the child which parent they want to live with. Children aged 12 or older are generally given more consideration since they are deemed to have the maturity to express their preferences in a meaningful way. However, this does not mean the child’s choices will automatically determine the outcome.
Other factors will come into play
The judge’s priority when making a custody decision is always the child’s best interests. As such, courts will not solely focus on one aspect, like what the child wants. Some of the other factors that may weigh in include:
- The emotional and physical needs of the child
- Each parent’s ability to care for the child
- Any history of abuse or neglect
- How close the parents reside to each other
- Each parent’s ability to co-parent with the other
- Any other factors relevant to the child’s best interests
While the law encourages joint custody, it gives judges broad discretion in deciding how parents will share custody. As such, the judge will make the final decision after considering all factors.
If you’re anticipating a custody battle or are in the middle of one, seeking legal assistance is essential to understanding your rights and how the law works. With proper guidance, you can present your case effectively to protect your interests and ensure your child’s well-being is prioritized.