It is the court’s primary focus to promote the best interest of all children involved in a custody case. This means, the court will make decisions they believe allow the child to develop safely even if they go against the child’s wishes. However, a child’s preference of home is one of the factors they will take into consideration when making their choice.

The Significance of “The Best Interest of the Child”

The previous section made reference to the phrase “the best interests of the child”. Texas law specifically states that the best interest of the child must be the court’s primary consideration in determining issues of conservatorship and possession of and access to the child.

To assist judges in making that determination, the Texas Supreme Court provided a list of factors for judges to consider. These include:

• the child’s desires
• the child’s immediate and future physical and emotional needs
• any immediate and future physical and emotional danger to the child
• the parental abilities of each parent
• the programs available to assist parents who want to promote the best interests of their child
• the plans each parent has for the child
• the stability of the home or proposed home
• any actions or failures to act that may indicate that the parents don’t have a proper parent-child relationship, and
• any excuse the parents may have for those actions and failures to act.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision.

Will the Court Consider a Child’s Preferences?

Yes, if the circumstances warrant it. Notice that the first factor in the “best interests” list above is “the child’s desires” .The Texas statutes provide some guidance as to how a judge should approach this. Texas Family Code – Chapter 153, section 153.009 states that if a parent, or an attorney appointed by the court to specifically represent the children’s interest, requests that the judge interview a child 12 or older, the judge must do so. For a child under the age of 12, the statute leaves it up to the judge to decide whether to speak with the child.

The judge will conduct a child interview in chambers (meaning in the judge’s office). A judge will usually permit the parents’ attorneys, and any attorney representing the children, to be present for the interview. If the child is 12 or older, a court reporter will make a transcript of the interview if the attorneys request it, or if the court decides to order it on its own.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision. The reality is that the court will assess a child’s maturity level and ability to make a sound, well-reasoned judgment. The older the child, the greater the weight the court will likely give that child’s preference.

A judge will also try to ascertain whether a child’s expressed preference is based on a parent’s undue influence. So a court is likely to discount a child’s wishes if it determines that one parent was constantly disparaging the other in front of the child, or if it appears a parent attempted to buy-off the child, such as with promises of gifts.

When it comes to a child’s preference, the court will base any decision on “the best interest of the child” standard.

When Can a Child Decide Which Parent to Live With in Texas?

Children can make that decision only when they’re no longer considered minors, which ordinarily means they’ve reached the age of 18. This rule also applies to whether a child can refuse visitation (access time) with a parent. Before that age, the ultimate determination of whom to live or spend time with rests with the parents (if they can agree) or the court.

A question may arise as to whether a 16-year-old can choose which parent to live with in Texas. There’s an exception to the rule that a child must be 18 years old. That exception exists when a court declares a child to be “emancipated,” (In Texas, emancipation is formally known as “removal of disabilities of minority.”) If emancipated, children will have the same rights as if they were 18.

Under Texas law, the court can grant emancipation if the minor is:

• a resident of Texas
• 17 years of age, or at least 16 years of age and living separate and apart from the minor’s parents, managing conservator, or guardian, and
• self-supporting and managing the minor’s own financial affairs.

Can My Child Decide Which Parent They Want to Live With?

No, but their wishes will be taken into consideration when the court makes the final custody ruling.

Custody Lawyer in Houston, TX

Marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Are you looking for answers for how you can revise your custody agreement? Working with an experienced family law attorney can provide you with solutions to this problem to help promote the best interest of your child or children.

At Renken Law Firm we provide legal advice on a wide range of family court matters including custody of a child, child custody modification process, visitation schedule, child support payment, and more. Call us today to schedule a consultation for modifying your child custody agreement.

Who can file a modification case?

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

• You are listed as a party in the current order,
• You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent.
• You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died.
• You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and:
• Both parents are dead,
• Both parents, the surviving parent or managing conservator agree,
• The child’s present circumstances will significantly harm the child’s physical health or emotional development.

The Texas Attorney General Child Support Division can also file a modification case.

Where do I file a modification case?

You must file a modification case in the Texas county where the current order was made.

If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.

If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case.

Who is the “petitioner” in a modification case?

The person asking for the current order to be changed is the “petitioner.” This is true even if that person is listed as a “respondent” in the existing order.

Who must be listed as a “respondent” in a modification case?

Anyone else listed as a party in the current order must be listed as a “respondent.”

If the Office of the Attorney General Child Support Division is listed as a party in the current order you must also list it as a “respondent.”

Will the judge change my court order?

It depends. There are legal standards that judges must follow before changing a court order. It is up to the person asking for the change to prove the legal standard. Read about the different legal standards below.

What is the legal standard to change child support or medical support?

To change child support or medical support you must prove that:

• The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed, or
• It has been at least three years since the last child support order, and a new support order, based on child support guidelines, would differ from the last support order by at least 20% or $100.

What is a “material and substantial change in circumstances” for changing child support or medical and dental support?

Generally, this means that at least one of these things has happened:

• The income of the parent ordered to pay child support has either increased or decreased, or
• The parent ordered to pay child support is legally responsible for additional children, or
• The child’s medical insurance coverage has changed, or
• The child’s living arrangements have changed.
• If you still are wondering

 

How Can I Revise My Custody Agreement?

Reach out to our team to learn more about the process of modifying your child custody agreement.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

The holidays are a welcomed break from our usual schedule. This time of the year gives us a reason to spend more time with family and can be a time full of excitement and joy. Unfortunately, just as they can be a time that brings great excitement and joy- they also have the potential to be stressful. For many people, especially those with shared custody of their children, this time of the year can come with its own set of unique challenges. Make sure to remember to put the needs of your children first this season and spend a little extra time planning and preparing for the holidays. Listed below are some tips for parents to keep in mind for handling child custody during the holidays:

 

Plan Your Schedule In Advance: While this rule is applicable at all times of the year, it is especially good for both parents to be communicative and plan their child’s schedule in advance around the holidays. There are many different ways parents can decide where their child will spend holidays, some of the most common options for parents sharing custody are:

 

Alternating Custody Annually: Meaning if you have your child for Christmas this year, your partner will get custody of the child next Christmas. Some parents also find trading holidays to be the best solution for their families. Meaning, on Thanksgiving the child would be with parent 1 and on Christmas the child would be with parent 2.

 

Split The Holiday: For some families, especially those where both parents live in close proximity to each other, splitting the holiday period between two places may be the best solution. If both parents can agree to a schedule that allows this, and the child is not being strained, this can be a good solution.

 

Spend The Holiday Together: In cases where it is viable for both parties to spend the holiday together in an amicable and healthy way, spending the holiday together can be a simple solution for figuring out how your child will spend the holidays.

 

Put Your Children First: This is a rule that should be followed year round by both parties, under all circumstances. The holiday season is about creating wonderful memories with those you love and spending quality time together. Make sure you are doing everything you can to make your child’s holiday season full of joy.

 

Be Flexible: Custody issues can be complicated and difficult, especially in the case of couples who ended their relationship on rough terms. Working with the other parent to be flexible and do what is best for your child or children, is the best way to make your child feel safe and secure this holiday season.

 

Custody Divorce Attorney in Houston

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #618
Houston, TX 77092
(713) 956-6767
https://therenkenlawfirm.com