Will A Family Law Judge Let My Child Decide Custody?

Can My Child Make Decisions In Custody Matters?

Parents may need to address a variety of issues involving family law. Whether they are going through a divorce or are unmarried, child custody matters are some of the most important and consequential concerns that parents will face. There are multiple factors that can play a role in the decisions made in these cases, including the preferences of the child. As a parent, you know that your child's wishes are important for you to consider, but there are many situations where these wishes cannot or should not be granted. Texas law takes a very similar approach, only giving children ultimate control when they turn 18 and reach adulthood. However, parents and family courts may take children's desires into account in some situations, and it is important to understand how these issues will be addressed during a child custody case.

At Brandon Wong & Associates, our attorneys have a great deal of experience in divorce, child custody, and other family law matters. Chances are we have already dealt with the challenges you face. If not, we have handled enough cases to ensure that we will be able to provide you with an understanding of how the law applies in your situation. We will advise you on how you may be able to resolve disputes and handle legal concerns related to your family, and we will always focus on protecting your children's best interests. Call our law office in San Antonio at 210-201-3832 or contact us online to arrange an initial consultation. We work with families in Bexar County and all of the surrounding counties.

A Court Will Consider a Mature Child's Opinion on Important Issues

Texas law provides that children who are 12 years of age or older may have a say in custody and visitation matters. To gain an understanding of the child's preferences, a judge will meet with the child privately to listen to their concerns. A judge is not required to honor the child's wishes. Instead, the judge will consider whether abiding by the child's wishes would be in their best interests, and the judge may attempt to craft solutions that will provide for some of what a child has asked for while also taking steps to foster positive relationships between the child and both parents.

When making their decision, a judge will not only consider the child's ultimate preferences, but they may examine the reasons behind the child's stated desires. For example, one household may have far more lenient rules than the other, and while this situation may be preferable for the child, it may not be in their best interests.

In what choices might children have a say? Children may express their preferences regarding issues such as:

• At which parent's house they want to live
• Whether they want to split their primary residence between both parents' homes
• On which days they want to visit with the noncustodial parent
• At what time of day they want to spend time with each parent
• Where they want to go to school
• What activities they want to participate in
• Whether they want to share specific holidays with one parent or spend time together with both parents on certain holidays

Contact Our San Antonio Child Custody Attorneys

Our lawyers can help you understand how your child's preferences may play a role in decisions about child custody, and we can help you navigate challenging situations involving a parent who may attempt to influence the child's opinion. We welcome you to call our office at 210-201-3832 to arrange your initial consultation. You can also fill out our online contact form with your information, and we will get back to you.