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Child Over 12 Has Right to Choose Conservator New Law

By Michelle May O'Neil on June 15, 2009
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House Bill 1012, which has been passed by the Texas Legislature and is awaiting the Governor’s approval, eliminates the provisions for a written designation by a child over the age of 12 years to choose with whom he or she wants to reside primarily.  Instead, a child over the age of 12 years has a right to express a preference to the judge in chambers as to the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child. The new law will take effect September 1, 2009 and will apply to any pending or newly filed suit.

See the text of the bill by clicking here.

Comment:  As a Dallas divorce attorney, I have found that judges rarely appreciate parents who involved their children in the legal matters by having a child sign a written preference.  I have also found that judges rarely appreciate parents who involved their children in the legal matters by requesting the judge to interview the child in chambers.  Judges are more tolerant with an older teenager than a younger one, as older teenagers are more prone to strong preferences and to act out if their voice is not considered.

See related blog entry Changes to the Texas Standard Possession Schedule.

Photo of Michelle May O'Neil Michelle May O'Neil

Michelle May O’Neil is the founder of Concierra Legal, an appellate-focused family law practice in Frisco, Texas. Board certified in Family Law by the Texas Board of Legal Specialization since 1997, she has more than 30 years of experience and has handled appellate…

Michelle May O’Neil is the founder of Concierra Legal, an appellate-focused family law practice in Frisco, Texas. Board certified in Family Law by the Texas Board of Legal Specialization since 1997, she has more than 30 years of experience and has handled appellate matters before the Texas courts of appeals and the Texas Supreme Court.

Concierra Legal handles family law appeals, drafts premarital and marital agreements built to withstand challenge, and provides strategic counsel to trial lawyers on high-stakes family law matters. Lawyers frequently consult with Ms. O’Neil on specialized legal issues at both the trial and appellate levels.

Ms. O’Neil is the author of Basics of Texas Divorce Law and All About Texas Law and Kids (Texas Lawyer Press), and co-author of What You Need to Know About Common Law Marriage in Texas. She writes regularly on Substack about AI and the legal system, access to justice, and identity law, and she frequently teaches continuing legal education for the State Bar of Texas and other providers.

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  • Posted in:
    Family
  • Blog:
    Dallas Divorce Law Blog
  • Organization:
    Concierra Legal

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