Best Interest of the Child

The main consideration in any case involving children is what's termed in the Texas Family Code as "best interest of the child." Texas Family Code Section 153.002 states that "the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child."

The term "best interest of the child" is further explained in the leading case Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).  The Holley case  sets forth nine factors to be “considered by the courts in ascertaining the best interest of the child.” Those factors include:

1. the desires of the child;
2. the emotional and physical needs of the child now and in the future;
3. the emotional and physical danger to the child now and in the future;
4. the parental abilities of the individuals seeking custody;
5. the programs available to assist these individuals to promote the best interest of the child;
6. the plans for the child by these individuals or by the agency seeking custody;
7. the stability of the home or proposed placement;
8. the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a property one; and
9. any excuse for the acts or omissions of the parent. 

However, the Holley court goes on to say that the above factors are “by no means exhaustive, but does indicate a number of considerations which either have been or would appear to be pertinent.”

When custody is a contested issue it is essential that you understand these factors and how they go towards the best interest fo the child. You and your attorney should discuss the factors and strategize how each of them fits the unique circumstances of your case. 

If you have questions or want to discuss the specifics of your case, you can schedule a consultation at 972-542-6820 or by scheduling online using the button below. 

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