his mother said she will not allow this. my son is set on this and my daughter is 12 as well. in Texas I thought they couold pick their residence at age 12. Will someone appoint a child advicate or something to help? What should I do? where do I start?
Also, I forgot to mention that I reside in Florida. Yes there are some emotional abuse issues.What is the average cost involved in this process?
Family Law Attorney
You should always start with sitting down with a lawyer and discussing the situation. Here it sounds like you will have a contested divorce with child custody issues. You should know that Texas presumes that the best interest of the child is that both parents be joint managing conservators, with one having the right to designate primary residence, and the other having the standard visitation (1/3/5 weekends, one night during the week during the school year). The court will probably pick the parent that primarily took care of the children as the person that the children will live with. Also, children do not get to pick where they live. They may tell the court their preference at age 12 on, but the court is not bound by that decision.
Normally a lawyer is not appointed to represent the interest of the children unless there is a good reason to (think abuse). However, both parties can agree to it, and then they will split the costs.
Again, start with sitting down with an attorney. Many have free initial consultations and those in Dallas, Collin and Tarrant counties also practice in Denton county. Good luck.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.