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Texas law regarding minors

Katy, TX |

What age must a child be in order to choose with whom they wish to live?

This situation doesn't involve divorce. In this case the child (12 yrs old) wants to live w/ her grandmother rather than her mother.

Attorney Answers 2


Generally speaking, the child may voice a preference at 12. However, it isn't binding on the judge. As a grandparent, you don't have standing as a general rule. I think you need a consultation with an experience family law attorney regarding your situation.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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1 lawyer agrees


Basically, you are asking a "trick" question. The technical answer is 18 since the child cannot make decisions until they become an adult.

However, I do agree with Attorney Moore. A child, if done appropriately, can meet with a judge in the judge's chambers and discuss the child's preferences. However, it is not binding on a judge's decision. The decision is the whatever the judge decides is in the child's best interest & that term is not defined in the State of Texas.

Please talk to an experienced family law attorney. You have an uphill battle in attempting to gain custody of a child as a grandparent.

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