Best Interest of the Child Standard in Texas

The best interest of the child is the overarching factor in deciding Texas family law custody cases. The specifics of how a judge should approach examining the best interest of the child was first set out by the Texas Supreme Court in 1976 in the case of Holley v. Adams. The non-exclusive list of factors from that case 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 that may indicate that the existing parent-child relationship is not a proper one; and
  9. any excuse for the acts or omissions of the parent.

If you are interested in filing for divorce in Frisco, Collin or Denton County, TX, schedule a consultation with CokerLegal today to speak with our divorce lawyers.

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