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Children's Preferences in Child Custody Cases


According to general child custody considerations and Texas’s grounds for modification of custody orders, the courts may opt to take into account a child’s preferences when creating or modifying child custody arrangements. When the child custody case begins, the child in question may go through an interview process with the judge. During this time, he or she may indicate a preference for living with one parent over the other. When this aligns with what the judge believes to be in the best interest of the child, he or she may decide to cite this as a reason for forming or modifying child custody arrangements in certain ways.

At Diggs & Sadler, we understand how difficult child custody situations in Houston can be, from the formation of the original arrangement to later modifications. Our lawyers can help you protect the best interests of you and your family when you are facing either of these situations.

Custody Considerations and Children’s Preference

A judge isn’t required to adhere to a child’s preferences in child custody cases, as these preferences may not be in the child’s best interest or they may be the result of parental pressure. However, these preferences may be taken as legitimate grounds for child custody modification change under the following circumstances:

  • The child is at least 12 years old
  • The child voiced his or her preference in the judge’s chambers
  • The child’s preferences match the best interests of that child

The court has a duty to rule fairly and reasonably, and any decisions made about child custody arrangements still need to take into account what’s best for the child.

Contact a Child Custody Law Firm in Houston

If you need help with child custody agreement formation, modification, or even enforcement, we may be able to assist you through the necessary legal steps. For more information about your rights and options as a parent in Houston, contact a lawyer from Diggs & Sadler today at (713) 766-5355.

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