Best Interest of the Child Checklist: The Holley Factors in Texas
📚 TL;DR (Quick Summary)
Every Texas custody decision runs on one standard: the best interest of the child (§153.002). Courts apply the nine Holley v. Adams factors: the child's desires; emotional and physical needs now and in the future; danger to the child; parenting abilities of each parent; programs available to assist; each parent's plans for the child; stability of the home; parental acts or omissions; and any excuse for those acts. Build your evidence around these factors — school records, medical involvement, witnesses, a stable home — not around attacks on your ex.
1The 9-Factor Checklist Judges Use
- ✅ Child's desires (children 12+ may be interviewed in chambers, §153.009)
- ✅ Emotional and physical needs — now and in the future
- ✅ Emotional or physical danger — violence, substance abuse, neglect
- ✅ Parenting abilities of each parent — who does homework, doctors, meals
- ✅ Programs available to assist each parent
- ✅ Each parent's plans for the child
- ✅ Stability of the home — the factor West Texas judges weigh most heavily
- ✅ Acts or omissions suggesting an improper parent-child relationship
- ✅ Any excuse for those acts or omissions
2How to Prove Best Interest in Ector & Midland Courts
Judges reward documentation over drama: school sign-in and report-card involvement, medical and dental appointment records, a consistent work schedule (or plan for oilfield rotations), photos of the child's room and routine, and neutral witnesses — teachers, coaches, pediatricians. Avoid the classic mistakes: badmouthing the other parent to the child, withholding visits without court orders, and social media rants (they end up as exhibits).
We build custody cases around these factors every week in the Permian Basin. Consultation: (432) 366-6000.
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?Frequently Asked Questions
What does "best interest of the child" actually mean in Texas?+
Does the child's preference decide custody?+
Do mothers automatically win the best-interest analysis?+
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Written by Anthony Robles
Legal expert with over 15 years of experience in family law. Dedicated to helping clients navigate complex legal situations with compassion and expertise.
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