What Role Does My Child’s Preference Have in a Child Custody Decision? 

 Posted on March 25, 2025 in Child Custody

Child custody questions are some of the most contentious in Texas divorces. Most parents want to spend as much time as possible with their children. Many factors influence child custody calculations, and in some cases, the child’s preference has a role to play as well.

A Texas child custody attorney at Brandon Wong & Associates can explain how child custody decisions are made. They can also discuss your child’s preference for where and how they live and represent your interests in your divorce.

Factors in Texas Child Custody Decisions

Texas family courts strive for both parents to be involved in the child’s life unless there is a significant reason to limit a parent’s role, such as physical or emotional abuse. Any decision about child custody - legally known in Texas as "conservatorship" - is guided by the child's best interests. State law does not have a checklist of factors that determine where the child will primarily live. However, several factors have been established in family courts that determine the best living arrangement for the child.

Child’s Age and Needs

Younger children may require more hands-on guidance and support, while teenagers may yearn for stability in school and with their peers. The court also carefully considers the child's unique needs, such as any medical or developmental issues they may face.

The Child’s Preference

The child’s preference about who to live with may be a factor if the child is 12 or older. The judge may ask the child who they prefer to live with. However, the judge is not required to ask the child or weigh their preference if it is not in their best interest. The child’s preference is not considered if they are under 11.

Parental Abilities

The family court will review each parent’s ability to provide for their child's needs. The judge will consider each party’s parenting skills, involvement with the child, and ability to provide a stable, safe home.

Home Environment Stability 

Consistency in the child’s home environment is essential. The judge will favor a home environment that is consistent, stable, and safe.

Ability to Co-Parent

Divorces can be nasty, and some parents cannot put aside their emotions for their child’s best interests. Judges consider how well each parent can communicate with the other regarding the child’s upbringing and well-being. If a parent insults and undermines the other parent, the judge might purposely grant the other parent more time with the child.

Emotional Bond

The parent’s relationship with the child matters. The court will review who has provided the child with the most emotional and physical support. For example, the judge will want to know which parent dresses, feeds, and takes their young child to school. A parent who spends far more time with the child may have an edge in the child custody decision.

Contact a Bexar County, TX Child Custody Lawyer 

At Brandon Wong & Associates, our San Antonio, TX child custody attorney can help you understand how child custody decisions are made and what role your child’s preference may play. Contact our family law office today at 210-201-3832 for a confidential legal consultation.