Can a Child Choose Who to Live With in a Texas Divorce?

 Posted on January 05, 2025 in Child Custody

A divorce can be an emotionally charged ordeal, especially when children are involved. If you and your spouse cannot agree on issues of custody outside of court, it may fall to a judge to make a final decision. Parents going through a divorce may wonder if a child can choose where to stay, and the answer is more complicated than a strict yes or no. However, your child’s wishes should be an active consideration in these discussions whenever possible, whether you resolve the matter in or out of court.

If you are going through a divorce with children in Texas, you may want to consider seeking the legal guidance of an Austin, TX family law attorney. At Powers Kerr & Rashidi, PLLC, we have experience in complex child custody disputes, and when you work with our firm, we will help you work toward the best solution.

The Age of the Child

In Texas, a child of a certain age will have more agency in custody decisions. Children older than 12 can be interviewed by a judge to determine his or her wishes regarding the choice of primary residence. Children younger than 12 may also be interviewed, but this is not mandatory. Note, however, that the child’s wishes expressed in an interview with a judge do not supersede the child’s best interests according to the court. Rather, the interview is only one factor out of many that will be weighed in a custody decision. At age 18, the child has the freedom to decide where to live.

The Child’s Best Interests

Courts in Texas are concerned, first and foremost, with a child’s best interests and will look at many factors to figure out what that means in a given case. In addition to the child’s and each parents’ preferences, a child’s best interests may account for the stability of the home each parent can provide, the child’s emotional and physical needs, and the distance between the parents’ homes, among other considerations. To determine the child’s best interests, the court may appoint a guardian ad litem (GAL) as a legal representative for the child, whose final statement to the judge may or may not align with what the child wants.

Parental Alienation Syndrome

Not all parents act with good faith when it comes to promoting a family bond. In some cases, a child’s decision can be swayed by malicious influence from a parent, known as parental alienation syndrome (PAS), which can have serious implications for custody and visitation. If you believe your spouse is trying to turn your child against you to influence a custody ruling, a family law attorney can make sure that the misconduct is brought to light in court.

Contact a Travis County, TX Child Custody Lawyer Today

In general, Texas courts prefer that parents come to their own agreement about child custody in a separation. When a divorce goes to court, a judge could take a child’s wishes seriously, especially older children. At Powers Kerr & Rashidi, PLLC, we know just how complicated these cases can be for parents and children alike. To schedule a consultation with a skilled Austin, TX family law attorney, call our offices at 512-610-6199 today.