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.
