Child Custody in Texas: When Can Your Child Speak to the Judge?~2 min read
When going through a custody case in Texas, you may wonder whether your child can express their wishes to the court. While a judge will always prioritize the child’s best interests, there are specific situations where a child’s input can be considered.
At What Age Can a Child Speak to the Judge?
In Texas, a child who is 12 years old or older has the right to confer with the judge regarding their preference in a custody case, but it is not automatic. According to Texas law (§ 153.009 of the Texas Family Code), if a party requests it, the judge must interview the child privately. If the child is under 12, the judge may still choose to interview them, but it is not required.
How Does a Child Confer with the Judge?
If your child is eligible to speak with the judge, this will typically happen in a private meeting, known as an “in-chambers” interview. This setting is designed to be less intimidating than a courtroom, making sure the child feels comfortable speaking openly. The judge may ask questions about the child’s living situation, relationships with each parent, and overall well-being.
Will the Judge Follow My Child’s Wishes?
While your child’s preference is considered, the judge makes the final decision based on the child’s best interests. Factors such as stability, parental involvement, and emotional needs play a crucial role. The court also takes into account whether the child’s preference is influenced by outside pressure.
Even if a child is 12 or older and expresses a preference, the judge is not obligated to follow their wishes. The child’s opinion is just one factor among many that the court will evaluate in determining the best custody arrangement.
How Can You Prepare Your Child?
If your child is scheduled to speak with the judge, you can help by:
- Reassuring them that there are no right or wrong answers.
- Encouraging honesty rather than telling them what to say.
- Keeping discussions neutral and avoiding pressure.
The goal is for the child to feel safe expressing their thoughts without feeling caught between two parents.
Contact Springer & Lyle
Child custody matters require careful attention and experienced guidance. At Springer & Lyle, we are dedicated to helping you through the process and protecting your child’s best interests. Contact Daniel Abasolo today at 940-387-0404 to schedule a consultation and get the support you deserve.
