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Frequently asked questions concerning texas child emancipation laws and legal emancipation of a minor child, Dallas attorney, Shelly B. West

Texas Teenagers & Primary Custody

Question:  May a teenager sign a document choosing a parent for primary custody?

Answer:   The short answer is now, no. The Texas Family Code provides that a child may be interviewed by the court to determine inclinations of the child with regard to which parent would have custody, among other matters, Texas Family Code 153.009 - Interview Of Child In Chambers.

This is only one piece of evidence, and the court will still determine what is in the best interest of the child. Of course it becomes a bigger piece of evidence the older the child gets.

The Texas Family Code no longer provides for the child to express a preference of custodial parent in writing with the court. The Texas Family Code 153.008 - Child's Preference Of Person To Designate Residence that allowed the child to make the preference of parent was repealed effective September 1, 2009.

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