Child visitation change

[ddunsworth]

I live in Texas. I have joint custody of our son but my ex husband has primary conservator of him. I pay child support and insurance at this time for him to my ex. I have him every other weekend and every Wednesday. He will be 15 next month. He has come to me and said he has chosen to go back to 1 week with me and 1 week with my ex as he did 2 years ago. My question is his father has told him he will fight this as he can't change his mind all the time as he just spent lawyer fees to get it changed 1.5 years ago when our daughter who was with me turned 18 last year. What rights does my ex have to stop this and can my son represent himself or do I need to get a lawyer to fight him. Also, what reason could he have to stop this as I'm aware in Texas the child can decide where he wants to live when he turns 13.

 

[irish223]

I'm aware in Texas the child can decide where he wants to live when he turns 13.

Not true. The judge still decides where the child will live, but the child has the right to state his preference. The judge is not required to honor that preference.

You have the right to file for modification on behalf of your son. Your son has the right to file an affadavit of preference. Your ex has the right to contest any modification. The judge has the right to make the final decision.

 

[jacksgal]

We need a sticky that children cannot decide which parent they live with a judge does! This comes up several times a week it seems

 

[ddunsworth]

As I'm on a tight budget can my son and myself file these petitions without getting a lawyer?

 

[jacksgal]

Yes you can but you might talk to the court facilitator (if any) or consult an Attorney on how to file. Mistakes can cause you more problems or delays