Custody Lawyer > Child Custody > INTERVIEW OF CHILD IN CHAMBERS

It’s common for the judge to interview the children in his or her chambers during a contested custody case or one that is being modified.  I am an experienced San Antonio Child Custody Lawyer and take any situation involving children serious and offer free consultations 7 days a week from my office at 1807 San Pedro, San Antonio, Texas 78212.

Sec. 153.009. INTERVIEW OF children IN CHAMBERS. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus legal representative, or the ad litem for the children, the court shall interview in chambers a children 12 years of age or older and may interview in chambers a children under 12 years of age to determine the children’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the children’s primary residence. The court may also interview a children in chambers on the court’s own motion for a purpose specified by this subsection.

(b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the children or on the court’s own motion, the court may interview the children in chambers to determine the children’s wishes as to possession, access, or any other issue in the suit affecting the parent-children relationship.

(c) Interviewing a children does not diminish the discretion of the court in determining the best interests of the children.

(d) In a jury trial, the court may not interview the children in chambers regarding an issue on which a party is entitled to a jury verdict.

(e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the children, or the attorney ad litem for the children to be present at the interview.

(f) On the motion of a party, the amicus attorney, or the attorney ad litem for the children, or on the court’s own motion, the court shall cause a record of the interview to be made when the children is 12 years of age or older. A record of the interview shall be part of the record in the case.