Child custody cases can become extremely challenging. The situation can escalate further when both parents fight to become the primary parent. The courts face immense pressure when it comes to which parent the child will primarily reside with. That is why they will look at a number of factors, such as the child’s age, relationship with each parent, and home environment.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, guides us on whether a petition can be filed to know the child’s preference regarding the custody situation. In addition, he discusses the factors regarding the interview process and the necessity of having an experienced lawyer who knows what to do to protect your rights.
If you are facing a custody battle and struggling to view the situation from a legal perspective, contact a family law firm like Turner Monahan to get some assistance. All case evaluations and suggestions made are in the light of Texas Family Law.
Interview Of Child In Chambers
In the state of Texas, either party may petition the court or motion the court to request that a child be interviewed regarding the child’s preference for the primary parent and now also for possession and access. However, it’s important to note that the interview is only one of the many factors that the court considers when reaching the final decision regarding the primary custodian of the child.
You can have a situation where you can request the child who’s 12 years of age or older to be interviewed by the court, and that would give you grounds to modify if you didn’t have one of the other grounds to be able to modify the right to designate primary.
If you’re in a circumstance like that, you should contact a firm like Turner Monahan, we can discuss with you exactly how we can move forward with possibly a petition to modify and request that the court interview your child.
The Issue Under The Light Of Family Code
According to the Texas Family Code, Chapter 153, Sec 002, the child’s best interest shall always be the court’s primary consideration in determining the issues of conservatorship and possession of and access to the child.
Moreover, Sec 009. gives a detailed explanation regarding the interview of the child in chambers. It states that:
“In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child’s primary residence. The court may also interview a child in chambers on the court’s own motion for a purpose specified by this subsection.”
If you require more information, then you can go through the complete chapter for further clarity regarding child custody and possession.
Hire A Fort Worth Attorney
Custody cases are always difficult but can be even more complex when multiple parties are involved. In these cases, it is important to have an experienced attorney who can help you navigate the legal process and protect your rights. Contact attorney Tyler Monahan and schedule a free consultation to go over the details.
In addition, check our website for more information about our services. Moreover, we have a section dedicated to client reviews to assist potential clients in making informed decisions. Do go through our blog to find out more regarding your case.
More Questions Regarding Child Custody
Child custody cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Do Fathers’ Rights Look like in Texas?
- During a custody hearing, are the laws different for mothers and fathers?
- The Danger of Verbal Agreements for Children’s Custody and Property Division in Texas
- What Are My Chances of Getting 50-50 Custody of Our Child?
- What is the difference between sole and shared custody?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
