Factors Used in Texas to Determine “The Best Interest of the Child”
In 1976, The Texas Supreme Court decided Holley v. Adams and developed a list of factors that the court should consider when determining what is in the best interest of the child. The factors set forth in Holley v. Adams were not intended to be an exhaustive list to determine access, possession, and conservatorship. Other cases decided have used other considerations outside of the factors named in Holley. Therefore, it is common for the court to take into consideration other circumstances outside of the “Holley Factors.”
A court will take into consideration, but not limit itself to the following factors when determining whether conservatorship, access, or possession is in the best of the child.
Factors addressing the care of the child –
- What is best for the child’s physical, psychological, and emotional needs?
- Is the child in physical or emotional danger caused by a party to the suit?
- How stable is each party’s home environment?
- Plans made for the child’s future by either party can be taken into consideration.
- How well can the parties of the suit cooperate and reach shared decisions that are in the best interest of the child?
- How good are the parenting skills of each party to the suit?
- Who has been the primary caregiver for the child before the pending suit had filed?
Factors addressing the maintenance of the child’s family relationships:
- What does the child prefer?
- What is the geographic proximity between where the parties reside?
- The effect of separating siblings will be taken into consideration.
- How well can each party promote and encourage a positive relationship with the child and other party?
- False reports of child abuse can be considered in order to restrict access to the child by the party who made the false report.
- Analyzing the measures needed to keep the child from being abducted to another country by a parent.
Factors involving parental fitness:
- Parental history or pattern of abuse
- Intentional use of abusive physical force
- Charge of family violence
- The parent’s present character and fitness and recent past conduct.
The court may NOT consider the marital status, gender, race, or religion of the either party to the suit.
For more information about how the court may determine the best interests of your child during your divorce, speak to one of our experienced attorneys.