change in custody

[ktarra617]

What is the name of your state? tx

In texas it is my understanding that at age 12 a child can specify who they want to live with and that as long as both homes are equal in ability to take care of the child, ie: plenty of space, clothes, and all the necessities that they court will side with the child....

Is this still the case?

My stepdaughter has been repeatedly asking me when can she tell the judge where she wants to live. I keep telling her when she's 12. She's really not happy at her mother's home. New hubby has a lot to do with it. She's been asking this since the last custody battle between her parents. Her mom apparently has been telling her that she will never be allowed to live with us since the courts didn't change custody last time. Which we all know is not the case.

I just want to be able to give her some hope for the future. She is aware there is nothing we can do right now.

I appreciate any help!

 

[hjallge]

My attorney told me that at the age of 12 the judge will listen to the child, but that doesn't mean that he/she will change custody. It factors into the judge's decision as does everything else, but there are no guarantees.

 

[ktarra617]

then I guess we better start saving money up. I know my husband does not intend to go through another battle and lose this time....

And money talks to the better attorneys so we are told anyway....

 

[HomeGuru]

Yes, the more money you show, the bigger the ears on the attorney.

 

[hjallge]

It's sad that it works like that.