Primary Residence: the Impact of a Child's Preference
A child's opinion regarding which parent they would like to live with may impact a court's ultimate decision. Under Texas Family Code Section 153.009 a court may interview a child under the age of 12. If the child is above the age of 12, the court
shall, or must interview the child to determine the child's wishes regarding which parent they would like to live with.
Importantly, the child's decision is not necessarily determinative. The Court will still have the discretion to determine the best interest of the child, and this may not be consistent with the child's preference.