Tuesday, November 10, 2015

Child Preference for Managing Conservatorship

There seems to be a lot of misconceptions about what the Texas Family Code says about allowing a child to express their preference about who will be the managing conservator.

In Texas, a child over the age of 12 may file with the court in writing the name of the person whom they have preference to determine the primary residence and make other significant decisions.

Although a court may give this preference serious consideration, the court is not bound by it.

Additionally, in nonjury cases, the court is empowered to interview a child of any age in the judges chambers and without parents or their attorneys being present. (TFC 153.009).

If a child is over 12 and one of the parties request it, a record of the interview shall be made and included in the record of the case.  If the child is under 12, the court can determine if the interview will happen.