My 3 stepsons live with their mother. The oldest will be 12 in September, and has always wanted to live with us. I know that once he's 12 he can file an affidavit stating this, but how should we go about it? How seriously will he be taken at 12 years old? Is it possible to have the judge review the entire cs order during this? (my husband pays $985 a mth in cs, based on her lies, which he now has proof of) Will a hearing have to be held in her town, where the original cs order was signed? (they live 8.5 hours from us) Any help with this is appreciated.How Does a 12 yr old Get Custody Changed in TX?I don't know where you %26quot;KNOW%26quot; this from but you are wrong, as are the two other answers you received.
NOWHERE except in Georgia, can a child petition the court for a change of custody. And in Georgia, by statute, a child of 14 can.
In Texas YOU must petition the court for a change in custody on the grounds of a significant change in circumstances sufficient to allow the court to take custody away from the mother.
This doesn't simply mean that the child wants it, but that there is some change in the circumstances sufficient to allow the court to believe that living with you will be far superior than living with the legal custodian.
In Texas, a parent seeking to change custody through the court usually must show that the conditions have changed substantially since the last custody order, and;
Additionally, it is generally presumed that the court should retain the current custody arrangement unless the party seeking the change custody demonstrates that it has met the statutory criteria by a preponderance of the evidence.
While The Texas Family Code provides that a child may sign an affidavit of choice of conservator at the age of twelve. 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.
And by the way, YOU have no dog in this fight. Also, child support has no bearing on the issue of custody. so I would suggest your husband have a sitdown with a local attorny and YOU stay out of it.
I have practiced law for 35 years and I can't begin to count the number of step-parents who have been either admonished for interfering in the dispute, or literally kicked out of the courtroom for becomming involved.
Also, no, the court will not review the CS order unless a specific motion to amend is filed. CS and custody are two separate issues.
And finally, yes, the court of original jurisdiction will be hearing all issues related to the current order unless you can show sufficient grounds to move the hearing.How Does a 12 yr old Get Custody Changed in TX?I don't know about Texas....but here,the age has to be 13....then you get an attny.,and they will question the child....and go from there.Each case is different.How Does a 12 yr old Get Custody Changed in TX?In Texas the children can choose to live with either parent at age 11. So have your husband's attorney get a statement from the child. The hearing is held in the court that has jurisdiction, where the divorce took place. If you have proof of her giving false testimony which caused the child support payments? Generally payments are based on his income, you can have the payments adjusted if there is a change in his income, and she can have the payments raised if he is making more than at the time of the judgment. Talk to the attorney about everything you wish to change in the decree.
