Child custody cases can be complex. They are usually one of the most contentious aspects of divorce. However, custody cases can also arise when an estranged parent comes back on the scene or when a parent newly discovers that they have a child.
While the individual elements of each case can differ, one factor remains constant- the court will always focus on the best interests of the child. What are the best interests of the child in Texas?
Holley v. Adams
There is no set definition of the best interests of the child in Texas, but one case provides some key principles. Holley v. Adams offers some guidance for family court judges when determining the best interests of the child.
Current and future needs
One of the first principles discussed in Holley is the physical and emotional needs of the child both now and in the future. For example, whether or not the child has any special physical needs based on a disability or illness.
Safety and security
The family court will also carefully assess the safety of the child. If there is any history of domestic violence or substance abuse, then this will be factored into any custody rulings.
The existing relationship
Whether or not the parent and child have an existing relationship will also be considered. Generally, the court will prefer a custody arrangement that limits any upheaval for the child. For example, an estranged parent may not instantly be granted full visitation or custody rights. Instead, the court may set up supervised visitation temporarily, so that a gradual bond can be formed.
Other factors included in the best interests of the child test include child preferences (when mature enough), school catchments, home environment and more. To ensure that your custody arrangement meets the needs of your child, it can help to seek legal guidance.