Can a child decide who has primary custody?
Understanding a Child’s Conference with a Judge in Chambers under the Texas Family Code
The Texas Family Code provides specific mechanisms for ensuring that a child’s preferences as to where they primarily reside and their visitation with each parent can be considered in child custody proceedings. One such mechanism is the process of a child conferring with a judge in chambers.
Texas Family Code §153.009, a judge has the opportunity to speak privately with a child in chambers. This process allows the judge to hear directly from the child about their preferences and feelings regarding matters such as primary custody and visitation arrangements. This private discussion is intended to give the child a voice in decisions that affect their life.
Why is This Process Important?
- Empowering the Child: By allowing a child to speak directly to the judge, the legal system acknowledges the child’s role in family decisions. This process empowers the child, giving them a sense of involvement and control over their own life.
- Better Understanding of the Child’s Wishes: Children, especially older ones, may have strong feelings about where they want to live or how they want to spend time with their parents. A private meeting with the judge can provide clarity on these preferences, which might be difficult to express through intermediaries.
- Informed Decision-Making: Judges use the information gathered during these private meetings to make more informed decisions. Understanding a child’s perspective can help the judge craft arrangements that are truly in the best interest of the child.
How Does the Process Work?
- Age of the Child: If either party requests, the Judge shall speak to a child 12 years or older, on the issue of primary residence and conservatorship. If the child is younger, a Judge may choose to do so, but is not required by the statute. For other issues, like possession and visitation, the Court may or may not choose to interview the child, regardless of age.
- Request for a Meeting: Either party in a family law case or the judge themselves can request a meeting with the child. The judge will typically only do this if they believe it will aid in making a decision that serves the child’s best interests.
- Private Setting: The meeting takes place in the judge’s chambers, a private and informal setting. This environment helps to put the child at ease and encourages open communication.
- Record of Conference: While the Court technically is to make a record of the conference if requested, the discussion is most often not recorded, ensuring that the child can speak freely without concern that their words will be used in other contexts. This privacy helps the child feel secure in expressing their genuine feelings and preferences. For this reason, most judges strongly discourage making a record of the conference.
- Consideration of the Child’s Wishes: While the judge takes the child’s input into account, it’s important to note that the child’s wishes are just one factor among many. The ultimate goal is to make decisions that align with the child’s best interests, which includes but is not limited to their expressed desires.
Conclusion
The ability of a child to confer with a judge in chambers under the Texas Family Code is an important aspect of ensuring that family law decisions are made with a comprehensive understanding of the child’s needs and preferences. It underscores the legal system’s commitment to considering the voice of the child in matters that profoundly affect their lives.