Instead, Texas lawmakers have left a provision in the law that allows the court to conduct an interview with the child to determine that child`s desires. This interview is conducted “in the chamber” or in the judge`s office or in another private environment of his choice. This only becomes a problem with the primary conservatory is a problem in the case. If the parents agree on the main conservatory, a conversation with the child is not allowed. The purpose of the interview, as set out in the Family Code, is to allow the court to discuss with the child: (1) the child`s wishes regarding the residence and the main conservatory, (2) attendance, or (3) any other matter related to the underlying custody action. In the recent past, there was a provision in the law that any child 12 years of age or older can sign a form known as a “preference designation” to live with the parent named in the designation. This form would be filed with the court and would serve as the basis for a lawsuit to amend the previous custody order and apply for a change to the main conservatory. However, in 2009, Texas lawmakers repealed this provision for many political reasons — including the obvious reason why children sign such a form, causing significant problems between the parties and their child(ren). Make your first appointment today or call 817-926-6211 to speak to an experienced Dallas Fort Worth lawyer about your case! No, the courts should not give preference to a mother or father.
Courts should consider what is in the best interests of the child. Under the old law, a child 12 years of age or older could file with the court the name of the parent the child wants (or chooses) to decide where the child should live. This law applied only with the consent of the court, whereas the child himself did not have the right to determine with whom he would live after the divorce. Remember that the court is always required to consider all the circumstances, the circumstances that have changed since the previous court order was made, and whether the court considers that the child`s wishes are indeed in the best interests of that child or not. So the child`s preference – even if it`s not in your favor – is not the end of the story. The court will always consider the evidence in the case – such as the opinions of the child`s therapist or counselor, teachers, friends and neighbors, and other family members, as well as many other factors. The conservatory is essentially the rights and duties of the parents (i.e. making decisions for the child in terms of schooling, medical decisions, and psychiatric decisions, among other things). Conservation can be done in a variety of ways, including allowing one parent to make all decisions (single management curatorship) or allowing both parents to make decisions together (joint management curatorship).
(3)) the person empowered to determine the principal residence renounces custody and possession of the child for at least 6 months; or there has been a significant and substantial change in the situation of the child, parent, caregiver or other significant party. What factors does a judge consider when assessing a child`s preference for custody? Will the interview be recorded? If the child is over 12 years of age, the court is required to make a transcript of the interview if a parent so requests. If the child is under the age of 12, a conversation with the child is at the discretion of the court. This means that the judge does not have to conduct the interview. According to Texas Family Code 153.009, children have a voice, but in a more convenient way. Section 153.009 allows parents to ask the judge to talk to their child. If the child is 12 years of age or older, the judge must meet with the child. If the child is not 12 years old, the judge is not obliged to meet with him.
The court may, but is not obliged, allow the lawyers of the parties if there is a lawyer representing the child (amicus lawyer or ad litem lawyer), or the child`s guardian to be present during the interview with the child. .