Assessment on No More Written Designations For Child Over 12 Years

Under the Texas Family Code Section 153.008 which gave lawful consent to a child 12 years or older to choose which parent he or she would live with (in the case of divorce or separation amongst the parents) has been repealed. The amendment to Section 156.006 (b) stating the need for a child to sign a written alias is eliminated altogether. However, if the child expresses a preference in which parent to live with, he or she may make this known. There are conditions to this process if the child does indeed have a preference of which parent to live with. The child’s preference must be made to the court in chambers. This regulation pertains to both provisional and closing hearings.

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