Frequently Asked Questions Regarding Child Custody Cases and a Child’s Preference as to Which Conservator They Want to Live or Primarily ResideFor purposes of this article, “conservator” and “parent” are used interchangeably. Q: Does a child’s preference eliminate the court’s discretion? A: No. The decision remains solely in the court’s discretion. Q: How can a child’s preference be made known to the court? A: In a nonjury trial or at a hearing if an application is made to the court, the court shall interview in chambers a child 12 years-old or older and may interview in chambers a child under 12 years-old to determine a child’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child’s primary residence. Q: What are other issues for which a judge can interview a child? A: The child’s wishes for possession, access or any parent-child issue relevant to the case. Q: Who can be present when a judge is interviewing the child in chambers? A: The court can allow the attorneys involved in the case to be present at the interview. Q: Will a court reporter be present at the interview? A: If a child is at least 12 years-old, the court must, either on its own motion or that of one of the attorney’s involved in the case, make a record of the interview. Q: Does a child have to be taken out of school for the interview? A: This is in the judge’s discretion, but subject to the court’s schedule, a judge will try to schedule the interview after school. Q: Can a child sign an affidavit regarding which parent with whom they prefer to live? A: No. It is no longer the law that a child can sign an affidavit regarding the child’s preference as to which parent they want to live. |