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Are the children permitted to attend mediation if their custody is in issue?If both parties agree and the mediator has no problem with it, the children should be permitted if they are old enough. The Texas Family Code provides that a child twelve years of age or older may file a written election with the court, indicating which parent they would prefer establish their domicile. Since this is the primary issue in a custody case, it seems that the children should be permitted to attend since decisions affect them directly.
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