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Dec 07

2006

Ask a Lawyer: Change of Child's home of custody

Posted by: Dads Divorce on Dec 7, 2006

Tagged in: Visitation , TX , Parenting , custody , Ask A Lawyer

Question:

At what age can a child decide who to live with? My daughter will be 14 in October and has shown interest in moving in with my new wife and me. When can she make this decision? We live in Washington, and she lives in Texas. The divorce took place in Texas, and I am in the military with no choice of where to live.

Answer:

A child can sign an affidavit requesting which parent to live with at age 12. The Judge is not bound by the request, but there is a presumption that this is who the child should reside with so long as it is found to be in the child's best interests to do so.

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