In many cases, the custody agreement is the most contentious issue the parents have to resolve. There is one overarching factor in determining child custody: the best interests of the child.
What Are ‘The Best Interests Of The Child’?
A set of factors were put forth in a famous Texas case, Nancy Holley v. David Adams. These are often referred to as the “Holley Factors.” The Court will take these and other conditions into consideration:
- What the child wants
- The current and future emotional and physical needs of the child
- Any emotional or physical danger that one parent might pose to the child
- The abilities of the persons seeking custody to be good parents
- What programs are available to assist parents seeking custody to address the best interest of the child
- What plans these individuals have for the child
- How stable the two homes are
- Any action (or failure to act) of a parent that suggests that the current parent-child relationship is improper
- Any excuse offered for such actions or omissions
Courts also consider the environment the child will be living in, which parent has been making decisions about the child’s education, which parent typically feeds the child, who makes medical decisions and other relevant questions.
In addition to custody and custody modifications, we help resolve disputes about visitation, removal/relocation, and interstate custody problems that arise.
Visit us at the GILBERT & FUREY law office to discuss your situation. Contact our Lake Jackson child custody attorneys at 979-297-1222, toll free 888-849-5741.