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:
- the desires of the child;
- the emotional and physical needs of the child now and in the future;
- the emotional and physical danger to the child now and in the future;
- the parental abilities of the individuals seeking custody;
- the programs available to assist these individuals to promote the best interest of the child;
- the plans for the child by these individuals or by the agency seeking custody;
- the stability of the home or proposed placement;
- the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one; and
- 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 Coker, Robb & Cannon, Family Lawyers today to speak with our divorce lawyers.