Texas Family Code - Section 153.009. Interview Of Child In Chambers

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§ 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, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 781, § 1, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 1289, § 2, eff. Sept. 1, 2001;  
Acts 2005, 79th Leg., ch. 916, § 9, eff. June 18, 2005.

Last modified: August 10, 2007