Divorce brings many important decisions. One of the hardest is where a child will live. Parents often wonder if their teenager can choose which parent they want to live with. The short answer is not completely. In Texas, a child’s wishes matter, but they do not get the final say.
This blog explains the law in simple language, gives real examples, and helps you understand what to expect if you are facing this situation in Texas.
To make this information helpful to families in Fort Worth, Tarrant County, and nearby areas, this blog also explains how the best divorce attorney in Fort Worth can help protect your child’s best interests throughout the process.
For personalized advice, please contact Attorney Tyler R. Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
How Texas Courts Decide Where a Child Lives
Texas calls this conservatorship, which is like custody. Judges follow the best interest of the child rule. This comes from Texas Family Code Section 153.002:
“The best interest of the child shall always be the primary consideration of the court.”
This means the court will look at the full picture. What the child wants is important, but it must also be safe, stable, and healthy for them.
Can a Teenager Choose Where to Live?
There is a common misunderstanding that once a child turns 12 or 13, they can choose their parent. This was once closer to the truth, but the law has changed.
Today, Texas Family Code Section 153.009 applies:
If a child is 12 or older, the court shall interview the child in chambers, on request, to learn the child’s preference.
This does not mean the child decides. It only means the judge will listen privately to what the child wants.
What the judge listens for:
- Why the teen prefers one parent
- Safety or emotional concerns
- Bond and communication with each parent
- Stability at each home (school, friends, routine)
- Any manipulation by a parent
The judge then makes the final choice.
Example Scenarios in Real Life
Scenario 1: The teenager wants better school opportunities
A 14-year-old asks to live with the parent who lives closer to school and activities. The judge sees this as a reasonable request and might approve it.
Scenario 2: The teenager chooses the “fun parent.”
A teen wants to live where there are no rules, late nights, or little supervision. The judge may see this as risky and deny the request.
Scenario 3: Safety concerns
If a teen says they feel unsafe with one parent because of alcohol, anger, or neglect, the court takes this very seriously. Proper protection orders may be put in place.
Scenario 4: One parent pressures the child
If a parent tries to influence or bribe the child, this can harm their case and affect conservatorship orders.
How a Request Is Made
To ask the judge to talk with the child:
- Your attorney files a motion
- The child is interviewed in the judge’s office (no parents allowed)
- The judge keeps the details private
This private interview protects the child from pressure and stress.
What if Parents Disagree?
Many cases become contested divorces when parents cannot agree on custody. The court may order:
- Counseling
- A parenting evaluation
- Testimony from teachers and medical providers
Good family and divorce lawyers help you gather the right evidence to show what is best for your child.
Texas Family Code: Key Points for Parents
| Section | What It Means |
| 153.002 | Judge must decide based on best interest of the child |
| 153.009 | Child age 12+ can talk to the judge privately about living preference |
| 153.134 | Joint conservatorship is common unless harmful to the child |
A family law attorney ensures the court sees the full story from your perspective and your child’s needs.
When the Child’s Preference Matters the Most
A teenager’s voice receives more weight when:
- Both homes are safe and stable
- The teen has clear, mature reasons
- They are older (16–17)
- The request supports well-being and future goals
But no matter the age, the court decides.
Do You Need an Attorney?
Most families find this process emotional and confusing. A strong Tarrant County divorce attorney can help protect your rights and your child’s stability. You do not have to figure this out alone. Professional divorce help makes a big difference in the outcome.
If cost is a concern, firms like Turner-Monahan offer resources like a divorce attorney Fort Worth free consultation to help parents understand their options early.
Frequently Asked Questions About Teen Choice in Custody in Texas
Can my 13-year-old choose to live with me?
A child 12 or older can share a preference with the judge, but the judge makes the final decision based on the best interest.
Will the judge force my child to testify in court?
No. The judge speaks with the child privately in chambers to keep them comfortable.
If both parents agree, will the judge approve the teen’s choice?
Most of the time, yes, as long as the agreement supports the child’s safety and well-being.
Can a custody order be changed later?
Yes. Changes can be made if circumstances change or if the current plan is no longer good for the child.
How long does a custody change take?
It depends on disagreements between parents. Having a divorce attorney helps speed up the process and avoid mistakes.
What if I cannot afford a lawyer?
You can still speak with a family lawyer and receive family law advice through a free consultation to learn your options.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Teenagers deserve support and stability during divorce. Parents deserve help making good decisions. Turner-Monahan, PLLC has over 50 years of experience helping families with child custody and divorce matters throughout Fort Worth, Tarrant County, and nearby areas.
Whether you are dealing with a contested divorce or trying to update a custody order respectfully, our attorneys are here to guide you every step of the way, always focused on what is best for your child.
Schedule a free, no-obligation consultation with Attorney Tyler R. Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended 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, PLLC, by signing a written retainer agreement.
