At what age can a child decide as to which parent they want to live with?

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At what age can a child decide as to which parent they want to live with?

When my ex-wife wanted to move out of state and take my son with her. At the time I was unemployed and didn’t have the funds to fight her, so I agreed. To let her take him with the

exception that at any time he didn’t want to be there he could come live with me. He will turn 16 in 2 months. He was to come to live with me in the state where I am now living but she won’t let

him.

Asked on June 2, 2016 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since there is a custody order in place, the court will have to decide wehther or not to change which parent has primary custody of your son. Until then you must all abide by the order. That having been said, typically, the older the child the more weight a judge will give their preference as long as the child is at least over the age of 12. At this point, you may want to consult directly with a local attorney who handles this type cases; they can best advise you further.


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