Parents are often conflicted whether they want their children to weigh in on the decisions involving custody and visitation after the parents have decided to file for divorce. Some parents may worry that their child’s preference will tip the scale and sway the outcome of the custody hearing.
Custody Decisions Remain in the Hands of Adults
Contrary to what parents may think or fear, legal and physical custody decisions are matters for parents and the court to decide under Texas custody laws. In fact, the preference of a child under 12 years of age is typically not even a factor considered in awarding custody.
While children 12 and older may be called upon by the judge to express their opinion in a contested divorce, their opinion is only 1 factor the court considers when determining custody
The Importance of Acknowledging a Child’s Viewpoint
While there is nothing remarkably special about the age of 12, children at this age usually have the maturity and language skills to express reasonable needs and desires.
While parents should acknowledge their children’s viewpoint on custody by having open discussions early and often, parents also need to gently but firmly convey that the final decision remains in the hands of adults.
Contacting a Texas Child Custody Lawyer
From every angle, the child’s best interests are always at the center of the picture and at the heart of all custody decisions. A Texas child custody lawyer can help bring you into the picture and show the court how placing the child in your loving care is in the best interests of the child. For a consultation on all your custody issues contact the family law firm of Warren & Migliaccio LLP at 888-584-9614.
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