For years, courts have had a lot of discretion, when it comes to the "best interest" of the child in family cases for custody determination in Texas. Litigants have to be prepare to explain to the court why it would be in the best interest of the child, to be with one parent over the other one. In most cases, it is not an easy task to do, since both parents are involved with the care of the child.
A Supreme Court of Texas case gave us some guidelines, as to what the courts may look at. In this case, the
court looked at these factors: (A) the desires of the child; (B) the emotional
and physical needs of the child now and in the future; (C) the emotional and
physical danger to the child now and in the future; (D) the parental abilities
of the individuals seeking custody; (E) the programs available to assist these
individuals to promote the best interest of the child; (F) the plans for the
child by these individuals or by the agency seeking custody; (G) the stability
of the home or proposed placement; (H) the acts or omissions of the parent which
may indicate that the existing parent-child relationship is not a proper one;
and (I) any excuse for the acts or omissions of the parent. Holley v.
Adams, 544 S.W.2d 367, 372 (Tex. 1976).
The court also said
that: "This listing is by no means exhaustive, but does indicate a number of
considerations which either have been or would appear to be pertinent."
We take this list, and make it pertinent to our client's cases.
If you, or someone you know is facing a divorce, custody battle, child support issues, family issues, give us a
call (210) 979-9777. Our San Antonio Lawyers have been
helping families with their family legal issues successfully.
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