Sec. 153.009. INTERVIEW OF CHILD IN CHAMBERS. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. The court may also interview a child 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 child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship.
(c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child.
(d) In a jury trial, the court may not interview the child 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 child, or the attorney ad litem for the child to be present at the interview.
(f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, 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, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 781, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1289, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 9, eff. June 18, 2005.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 153 - Conservatorship, Possession, and Access
Subchapter A. General Provisions
Section 153.001. Public Policy
Section 153.002. Best Interest of Child
Section 153.003. No Discrimination Based on Sex or Marital Status
Section 153.004. History of Domestic Violence or Sexual Abuse
Section 153.005. Appointment of Sole or Joint Managing Conservator
Section 153.006. Appointment of Possessory Conservator
Section 153.007. Agreed Parenting Plan
Section 153.0071. Alternate Dispute Resolution Procedures
Section 153.009. Interview of Child in Chambers
Section 153.010. Order for Family Counseling
Section 153.011. Security Bond
Section 153.012. Right to Privacy; Deletion of Personal Information in Records
Section 153.013. False Report of Child Abuse
Section 153.014. Visitation Centers and Visitation Exchange Facilities
Section 153.015. Electronic Communication With Child by Conservator