In Texas, family courts are tasked with making custody decisions that best serve the child’s interests. This practice is generally known as the “best interest of the child” standard.
This principle is well-documented in Texas Family Code, specifically in section 153.002. As far as the child’s preference is concerned, it is one of many factors that the court considers when awarding custody to a parent.
When Does a Child’s Preference Matter?
Texas law stipulates a specific age at which a child’s opinion can be formally requested by the court. Per Texas Family Code § 153.009, once a child is 12 years old, the court may interview the child to ascertain their wishes regarding which parent they prefer to live with primarily.
However, the child does not have absolute power. The court considers their preference along with other factors, such as each parent’s ability to provide for the child’s physical, emotional, and educational needs.
Factors Influencing the Weight of a Child’s Preference
1. Age and Maturity
Older children’s preference is often given more weight as they’re deemed more capable of reasonable decisions. Judges will assess the maturity of the child to decide on whether they believe the child has genuine, thoughtful reasons for their choice.
2. Reasoning Behind Preference
The rationale behind the child’s choice is reviewed by the court. Preferences based on substantive reasons—such as one parent’s better emotional support or more stable home environment—will have more weight than choices based on superficial reasons like lenient parental rules.
3. External Influences
Courts are cautious about external influences that might manipulate the child’s expressed wishes. If there’s evidence that a kid is under one parent’s undue influence—often seen in cases of parental alienation—the court may discount the child’s preference considerably.
LEARN MORE: Preparing To Win Your Child Custody Battle
The Court & The Child’s Decision
In situations where the preference of the child is an item, it’s handled in a way to protect the child’s emotional well-being.
Interviews with children are typically conducted in the judge’s chambers in the presence of the child’s attorney or a guardian ad litem rather than open court.
While the child’s becomes part of the court’s decision, the factors in the bullet list below are primary.
- Each parent’s physical and mental health.
- Emotional ties between the child and each parent.
- Each parent’s ability to provide a stable home environment.
- History of any domestic violence or substance abuse.
- The child’s educational and health needs.
Practical Advice for Parents
For parents dealing with child custody disputes in Galveston, focus on creating a supportive, stable, and loving environment for your child. Encourage open communication without forcing them to choose sides.
At Tad Nelson & Associates, we’re experienced family lawyers who understands the delicate balance of these factors. It’s a big part of presenting your case effectively.
Experienced Galveston Child Custody Lawyers
We pride ourselves on our compassionate approach to helping families manage legal matters. These emotionally charged issues with lifelong implications. If you’re in a child custody battle and need guidance, contact us at 409-904-0043.
We’re here to support you. We’re here to advocate for your family’s best interests throughout this challenging process. We’re here to help. Call Attorneys Tad Nelson & Amber Spurlock for help today.
