| Texas Laws Concerning Children |
§ 153.008. CHILD'S PREFERENCE OF PERSON
TO DESIGNATE
RESIDENCE. A child 12 years of age or older may file with the
court in writing the name of the person who is the child's preference
to have the exclusive right to designate the primary residence of
the child, subject to the approval of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.
§ 153.009. INTERVIEW OF CHILD IN CHAMBERS.
a) In a nonjury trial the court may interview the child in chambers to
determine the child's wishes as to conservatorship.
(b) When the issue of managing conservatorship is contested, On
the application of a party, the court shall interview a child 12 years
of age or older and may interview a child under 12 years of age.
Interviewing a child does not diminish the discretion of the court.
(c) The court may permit the attorney for a party or the attorney ad
litem for the child to be present at the interview.
(d) On the motion of a party or On the court's own motion, the
court shall cause a record of the interview to be made when the
child is 12 years of age or older. A record of the interview shall be
part of the record in the case.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 781, § 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1289, § 2, eff. Sept. 1, 2001.
TO DESIGNATE
RESIDENCE. A child 12 years of age or older may file with the
court in writing the name of the person who is the child's preference
to have the exclusive right to designate the primary residence of
the child, subject to the approval of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.
§ 153.009. INTERVIEW OF CHILD IN CHAMBERS.
a) In a nonjury trial the court may interview the child in chambers to
determine the child's wishes as to conservatorship.
(b) When the issue of managing conservatorship is contested, On
the application of a party, the court shall interview a child 12 years
of age or older and may interview a child under 12 years of age.
Interviewing a child does not diminish the discretion of the court.
(c) The court may permit the attorney for a party or the attorney ad
litem for the child to be present at the interview.
(d) On the motion of a party or On the court's own motion, the
court shall cause a record of the interview to be made when the
child is 12 years of age or older. A record of the interview shall be
part of the record in the case.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 781, § 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1289, § 2, eff. Sept. 1, 2001.
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