Article

Best Interests Of The Child

Featuring Stella Janci

Topic: ParentingPublished March 28, 2008
No ratings yet939 viewsSign in to rate
The parent’s desires and claims are secondary when determining the “best interest of the child.” Furthermore, the parent’s wishes are only important in so much as these wishes answer the question of what would serve the best interests of the child. The Texas Family code provides that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) decided by the Texas Supreme Court 32 years ago, lists a set of factors that the courts have considered when determining the best interest of a child. A non-exhaustive summary of these factors include: the desires of the child; the emotional and physical needs of the child now and in the future; the emotional and physical danger to the child now and in the future; the parental abilities of the individuals seeking custody; the programs available to assist these individuals to promote the best interest of the child; the plans for the child by these individuals; the stability of the home; the acts or omissions of the parent which may indicate that the existing parent child relationship is not a proper one; and any excuse for the acts or omissions of the parentnnThe list I have provided in this blog is not complete and there are other factors considered in the determination of what is in the best interest of the child. As you noticed the desires and claims of the parents is not one of the factors on this list. Expert witnesses or lay witnesses may be called to substantiate or to provide evidence that these factors do or do not exist, but it is well established that judges and jurors are the sole judges of credibility of the witnesses and the weight to give their testimony. I believe extra emphasis needs to be placed on the role of the judges and jurors in determining what weight to give the evidence. Child custody issues can be extremely emotional and divisive! The more divisive the situation, the more expensive the suit affecting the parent-child relationship is going to be. If the parties agree can come to an agreement on their child custody issues, they have more control over the outcome of the suit, subject to the approval of a judge. On the other hand, going to trial, they put their lives and the lives of their children into the hands of the trier of fact, be it a judge or a jury! nnn

Article author

About the Author

Stella janci is a legal jou alist in Austin, Texas. Stella Janci works with children, individuals, couples, geriatric patients, depression, bipolar, anxiety and substance abuse. Please visit www.lawyer-austin.net for any further information.

Further reading

Further Reading

4 total

Article

The bond between a father and his daughter is one of the most precious relationships in the world. It’s a unique connection built on trust, guidance, shared laughter, and countless small moments that weave together into a tapestry of cherished memories. For a daughter, her dad is often her first hero, her biggest protector, and her most steadfast supporter. For a dad, his daughter opens up a universe of love he never knew was possible. In our busy, fast-paced world, nurturi

December 12, 2025

Article

To strengthen parent child relationship one has to strive to keep a balanced approach. The role of a parent evolves from nurturer, guide and lastly to a friend. Until the age of seven or eight years if a child make mistakes then you have to guide them and even discipline them if necessary. Till the age of twelve to fifteen you can guide them but after sixteen you have to become their friends. Theoretically, we know only love and understanding can touch a child’s heart but p

July 26, 2025

Article

Becoming a parent for the first time is one of the most exciting and life-changing experiences. It’s filled with joy, anticipation, and love, but it can also be overwhelming as you navigate the unfamiliar territory of caring for a newborn. With so much advice coming from all directions—family, friends, books, and the internet—it’s easy to feel unsure about what’s best for your baby and yourself. This guide offers essential advice for first-time p

October 17, 2024

Website

My website is all about baby care, parenting, and baby product.

December 10, 2023