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Can a Child Choose Which Parent to Live With in Texas?

The answers to the questions that are posed by our fans are my personal opinions on things. They do not create a relationship between you and me individually, nor do they create a relationship with Scroggins Law Group. The next question we get is can a child legally choose which parent to live with in Texas? So that is a great question. It used to be that there was what was called an affidavit of preference, where a child could actually espouse what their preference was for who they lived with. Now, was that the be all and end all? The answer is no, it was not. It also was found that it could be pretty easily manipulated. So the legislature did away with that a while back. Now what you have is a child at the age of 12 can be interviewed in chambers by the judge and can espouse what their preference is to the judge for where they would like to live. Now, is that a situation where it dictates then what the court does, as far as a determination of who the child is going to live with? Absolutely not. It is just one piece of evidence that the court is then supposed to consider when making such a determination

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