What is the Definition of "Best Interest of the Child" in Texas

For Texas parents entering the realm of disjunction and custody litigation, the phrase "best interest of the child" will be heard throughout the process. This is probably the most often quoted phrase in the Texas family Code. The best interest of the child shall always be the former notice of the court in determining the issues of conservatorship and proprietary of an entrance to the child. See Tex. Fam. Code Section 153.002.

What does "best interest of the child" really mean, and how are those interests determined? This seems to be a very subjective acceptable that could vary from judge to judge. While that is partially true, case law provides guidance.

Texas Mesothelioma

In order to understand what standards dictate what is in a child's best interest, a good place to start is the Holley v. Adams case handed down by the Texas supreme Court in 1976. See Holley v. Adams, 544 S.W.2d 367 (Tex. 1976). This case provides a series of factors referred to as the Holley Factors, which 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 ready to assist these individuals to promote the best interest of the child;

the plans for the child by these individuals or by the division seeking custody;

the stability of the home or proposed placement;

the acts or omissions of the parent which may indicate that the existing parent-child connection is not a proper one; and

any excuse for the acts or omissions of the parent.

While the above list is not exhaustive, it provides a estimate of considerations which either have been or would appear to be pertinent in issues of child conservatorship and access.

What is the Definition of "Best Interest of the Child" in Texas