Can My Child Make Decisions In Custody Matters?

MARVEL & WONG, PLLC can help guide parents through any situation involving family law. Our attorneys have more than 45 years of combined experience in this practice area alone. Chances are we have already dealt with the challenges you face. If not, we have handled enough cases to know your issues could not take us by surprise.

Call our law office in San Antonio at 210-201-1630 for a free initial consultation. We work with families in all of the surrounding counties.

In child custody and visitation matters, one of the most common issues we deal with involves the preference of the child. As a parent, you know that a child's wishes are important for you to consider, but they cannot or should not always be granted. Texas law takes a very similar approach, only giving children ultimate control when they turn 18.

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. A judge will meet with the child to listen to his or her 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 the child's best interests.

The decision involves not only the child's ultimate preference but the reasons behind the opinion. For example, one household may have far more lenient rules than the other.

In what choices might children have a say?

  • At which parent's house they want to live
  • Whether they want to share primary residence
  • On which days they want to visit with the noncustodial parent
  • At what time of day they want to visit
  • Where they want to go to school
  • If they want to share holidays

Get Experienced Custody Advice | Free Initial Consultations

We can help you understand the child preference law and navigate challenging situations involving a parent who may attempt to influence the child's opinion. We welcome you to call our office at 210-201-1630 to arrange a time for you to meet with one of our lawyers. You can also send us an email with your information, and we will get back to you.