What Does 'Best Interest of the Child' Mean in Texas Custody Cases?

In every Texas child custody case, the court's primary consideration is the "best interest of the child." But what does this standard actually mean in practice? Here's what El Paso parents need to know.

The Holley Factors

Texas courts use a set of factors established in the landmark case Holley v. Adams to determine the best interest of the child. These include:

• The child's desires (especially if age 12 or older)
• The child's emotional and physical needs
• Any emotional or physical danger to the child
• Each parent's parenting abilities
• Available programs to assist each parent
• Each parent's plans for the child
• Stability of the home environment
• Acts or omissions indicating the parent-child relationship is improper
• Any excuse for such acts or omissions

How El Paso Courts Apply This Standard

El Paso County courts consider all of these factors when making custody decisions. No single factor is determinative. Courts look at the totality of circumstances to determine what arrangement will best serve the child's long-term well-being.

What You Can Do to Strengthen Your Case

To demonstrate that custody with you is in your child's best interest, document your involvement in your child's daily life, maintain a stable home environment, support your child's relationship with the other parent, and avoid exposing your child to conflict.

Contact Laine Law Firm at 915-200-4316 for expert child custody representation in El Paso.