Best Interest of the Child
For Texas parents entering the realm of divorce 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 primary consideration of the court in determining the issues of conservatorship and possession of an access 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 standard that could vary from judge to judge. While that is partially true, case law provides guidance.
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 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 which may indicate that the existing parent-child relationship 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 number of considerations which either have been or would appear to be pertinent in issues of child conservatorship and access.
