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How Can The Child Influence Child Custody Decisions In A Divorce?

On Behalf of | Apr 18, 2023 | Family Law

Going through a divorce can be harsh on both parents and their children. Divorce matters and disputes could strain family relationships and adversely affect the children’s lives.

Still, their involvement in the divorce can vary based on age and maturity. In Texas, children aged 12 years and above could express their preferences regarding important child custody matters.

The court would still decide according to the child’s best interest. However, they can allow the child to share their wishes and express themselves.

The court could interview the child and get input to influence the following:

  • Their conservatorship
  • Who can decide their primary residence
  • Other matters involving parent-child relationships

Even so, other factors might affect what the court would do next. Aside from making decisions, they could also enforce any relevant orders based on the interview facilitated with the child.

What Can Happen After The Child’s Interview?

The court would then examine the situation and assess what the family needs to help move the divorce process forward. If custody conflicts affect the child’s welfare, the court could require one or both parties to attend counseling with a qualified mental health professional.

They could also order these sessions if there are any signs of domestic violence or other factors. The divorcing couple bears the legal obligation to pay for these services.

Additionally, the court could act based on the parents’ intent. They could order a bond or security deposit if they deem a party has a possessory interest in a child, potentially leading to a court order violation.

The court typically tackles these situations from case to case after hearing out the child and evaluating the divorcing parents’ intent. By doing so, they can understand the circumstances better and prioritize the child’s best interest.