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In Texas, at the age of 12, the judge will allow a child to voice his/her preference of who they want to live with. However, that does not mean that the judge will automatically agree to that (and I'm assuming this is a case where one of the parents is not in agreement with what the child wants). The judge takes the child's wishes into consideration, along with many other things, and then makes the final decision based on the best interest of the child.

In Texas it is with 12 years of age and can be found in the Texas Family code as follows:

§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE

RESIDENCE. A child 12 years of age or older may file with the court

in writing the name of the person who is the child's preference to

have the exclusive right to designate the primary residence of the

child, subject to the approval of the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.

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9y ago
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16y ago

XVI. At what age can a child decide with whom they want to live? At age 12 a child can sign a "Choice of Managing Conservator." This is a document filed with with the Court that allows the child to chose their primary conservator. It is very persuasive to the court. In conjunction with this document, a Motion to Modify must be filed with the Court so that the Court can modify its prior order. A Choice of Managing Conservator is not an absolute. It must be shown that it is in the best interest of the child for the non-primary to become the primary. I read this on another legal site and believe it is correct

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13y ago

Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.

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12y ago

what is the legal age for a child in the state of Texas decide which parent they want to live with

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12y ago

At age 18. in Texas any child is considered an adult at that age.

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12y ago

The law in Texas has set the age of 14 at which a child can make a choice the court is required to abide by, and even than there are some limitations.

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14y ago

Age 12, with some limitations.

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11y ago

Generally speaking, children do not have to be a specific age to choose which parent they want to live with. But the courts generally decide this on the basis of the child's best interest.

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3y ago

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Q: In the state of Texas what age does a child have to be to choose which parent he wants to live with?
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