The Texas family law court operates under the premise that custody orders should be negotiated to reflect what ends up being in the best interest of the child.
As common as this statement is, many clients of family law attorneys question what it actually means and how it can be interpreted for their specific custody case.
Since no two families are the same and interpretations can differ, Texas family law attorneys regularly refer to the Holley Factors to identify what is in the best interest of that specific child.
What Are the Holley Factors?
Taken from the case Holley vs. Adams that is a parental rights family law case, Texas courts have largely decided that the factors presented in this case make a solid ground for determining the best interest of the child in any custody case.
The Holley Factors that family law attorneys and the family court bring into consideration to negotiate custody cases include:
- Desires of the Child - Which parent does the child wish to live with? If there are multiple children, do they each wish to live with the same or different parents and how will those arrangements affect them?
- Physical and Emotional Needs - Which parent and living situation is most able to provide for the specific physical and emotional needs of the child?
- Emotional or Physical Danger - Is there any emotional or physical danger with the child living with either parent?
- Parental Abilities - Are the parents who are seeking custody capable of being good parents and supporting their child’s development?
- Assistance Programs - Are there any programs available to assist parents in fulfilling their child’s developmental needs?
- Home Stability - Is the home environment where the child will be raised a stable one?
- Future Plans - Does the parent seeking custody have any specific plans for raising their child in their home?
- Acts or Omissions - Have there been any acts or omissions to indicate that a parent-child relationship is problematic in some way so that a parent seeking custody should not be granted it?
Lawyers who are practiced in family law strive to help parents work out the best custody situation that addresses what is in the best interest of their child while also suiting their needs, too.
Since every family is different as are the needs of every child, the Holley Factors provide a level scale on which family law experts can guide their clients to figure out what living situation is best for their child.
To learn more about the Holley Factors and how they can be applied to aid in effective custody decision-making, parents should contact a compassionate and experienced family law attorney who can help them.