Child Custody in Texas: Teenagers With a Strong Preference About Where to Live

Are you a divorced or separated parent with teenagers in Southeast Texas? You may have questions about how custody and visitation works if and when your child(ren) has a strong preference about where they want to live. Texas law provides some important guidance on these cases. Here, our Houston child custody attorney explains that law in Texas in cases in which a teenager has a strong preference about his or her living arrangement.

A Teenager Does Not Have an Absolute Right to Choose Where to Live

Texas law does not establish an age at which a minor child acquires an absolute right to select which parent will determine the child’s primary residence. Instead, the governing standard remains the best interest of the child (Texas Family Code § 153.002). A teenager’s stated preference can be important evidence, particularly as the child becomes older and more mature, but it does not displace the court’s independent obligation to determine conservatorship, possession, access, and residential rights based on the child’s best interests.

Key Point: A judge can decline to adopt even a strongly expressed preference when other evidence weighs against the requested arrangement.

Children Age 12 and Older Can Be Interviewed by the Court

Texas Family Code § 153.009 establishes a specific procedure for considering a child’s wishes. In a nonjury trial or hearing, upon the application of a party, an amicus attorney, or an attorney ad litem, the court must interview a child age 12 or older in chambers regarding the child’s wishes as to conservatorship or which person should have the exclusive right to determine the child’s primary residence. A court may interview a younger child as well. The court may also interview a child concerning possession, access, or other issues affecting the parent-child relationship.

The Court Will Examine the Reasons Behind the Teenager’s Preference

The practical weight given to a teenager’s preference depends heavily on the surrounding circumstances. A court can consider the child’s maturity, the stability offered by each parent, educational and community ties, parental involvement, conflict between the parents, and whether the preference appears to reflect legitimate developmental or family concerns. On the other hand, a preference based primarily on looser household rules or parental influence may be less persuasive.

The Bottom Line: Texas courts will consider the input of teenagers in child custody cases. However, teenagers do not get to make the final decision. Their preference is one input. How important it is depends on the circumstances, including their age, maturity, and reasoning.

Get Help From Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody lawyer has the experience you can rely on. If you have any questions about handling a case involving a teenager with a strong preference, please do not hesitate to contact us today to set up a confidential initial consultation. Our firm handles child custody cases in Houston and throughout the region in Southeast Texas.