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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.

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