It can be easy to assume that custody decisions are based on the wishes, preferences, and circumstances of only two people: a child’s mother and father. However, that is not always the case when a minor is of an age or maturity level to express a preference for their living and custody situation.
As a parent going through the Texas family court system, you may wonder what role a child’s preference plays in custody or conservatorship decisions. Understanding the factors a judge may evaluate when determining conservatorship arrangements is essential to ensuring you and the attorney create an effective strategy to reach the most favorable outcome possible.
Factors that Influence Child Custody Cases
As a parent, wanting what’s best for your child is natural. The Texas family court system takes the same view in that the courts decide child custody cases based on what they believe is in the child’s best interest. This standard allows the court to consider numerous factors when evaluating the child custody arrangement that best benefits the child and allows them to grow and thrive in their home, school, and community.
Factors a judge may consider when determining the outcome of a child custody case in Texas include:
- The physical, psychological, and emotional needs of the child
- The ability of each parent to prioritize the welfare of the child
- The ability of each parent to help encourage a positive relationship with the other parent
- Whether each parent participated in child-rearing
- The geographical location of each parent
- A history of neglect, abuse, or sexual violence
- The preference of the child
Additionally, the court can evaluate any other factor relevant to the child custody case.
How Much Influence Does the Child’s Preference Have in Texas Child Custody Decisions?
The Texas Family Code specifies that a child’s preference in whether they want to live and which parent they want in charge of significant decision-making will be evaluated by a judge as part of a custody case if the child is 12 years or older. Older children tend to be more mature and understand the implications of their situation more acutely than younger children, who may have trouble grasping complicated family dynamics. Older children may also be able to express their preferences to the court better and explain why they feel one custody situation may be preferable to another. However, the law also states that the judge may interview children younger than 12 in chambers to discover their preferences.
While a minor’s preference can influence a child custody case, their preference is not the sole factor the court will consider when evaluating the custody arrangement. Whether that sways the court or not depends on the other factors in the case, like the living situation of each parent, their financial and emotional stability, and whether each parent has a history of domestic violence or abuse. The court may also weigh whether parental interference influences the child’s preference and the emotional impact asking a child to choose between parents may have on the minor.
While children may express a preference, they do not have unilateral authority to dictate conservatorship or where they will live. Once a court order is in place, parents must strictly follow the terms of the conservatorship arrangement. Deviating from the court order can cause significant legal issues. As the child continues to grow and their needs change, or the circumstances of a parent change, either parent can request a modification of the court’s order to address the family’s evolving needs.
Let an Attorney Help Prioritize Your Child’s Best Interests in Texas Child Custody Matters
Every family situation is unique. At Jennifer Wiggins Moore Family Law, our compassionate legal team understands the emotional toll a child custody case can take on you and your family. We are here to advocate for your child and craft strategic solutions to your legal challenges.
Contact our Texas office now and let our team help support your family.
