The frequent use of judicial discretion to avoid a mandatory law to interview a child age 12 and over in chambers on the issue of custody in a divorce is being weighed by the Texas Supreme Court.

During oral argument Thursday, the court delved into In The Interest of J.N., a Dallas County case where the petitioner is asking the high court to do away with intermediate courts of appeals' use of harmless-error analysis to provide protection to judges that ignore the law.