If you have minor children and you are involved in a Texas Divorce, or you are considering one, you may wonder what criteria Texas courts use in making decisions regarding child custody. The child custody orders that work best for everyone involved are the ones that are created by agreement between the divorcing parties. However, if you and your soon to be former spouse are unable to reach an agreement on how you will divide parenting time and responsibilities, the court will step in and create an order which provides for the best interests of the children while addressing the needs and abilities of both parents.
In Texas, there is a list of nine factors which courts commonly assess in their decisions regarding child custody. The nine factors are derived from the case of Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and are commonly referred to as the “Holley Factors”. It is important to note that while the Holley case was a case dealing with the issue of whether to terminate parental rights, the courts have found that the list of factors which came out of the Texas Supreme Court’s decision in that case are applicable in all kinds of cases where a decision must be made regarding the custody of one or more children.
The Holley factors, when considered as a group, help the court to decide what kind of child custody order will serve the best interests of the children to whom it will apply. These factors include the abilities of the parents, the desires of the children, the stability of the parents’ homes, the plans that each parent has for the children, present and future physical and emotional needs of the children, whether either parent poses a danger to the emotional or physical well-being of the children, behaviors of the parent which may affect the appropriateness of the parent-child relationship, reasons for any parental behavior which affects the appropriateness of the parent-child relationship, and any programs that are available to assist the parties in providing for the best interest of the children.
It is also important that parents who are involved in Texas divorce cases understand that while the Holley factors play a large role in custody decisions, other pertinent factors may be considered by the court as well. If any of the following topics are important to your family, it is important that you let your attorney know so that they may present information about them to the court. The past and present state of which parents fulfill which responsibilities to the children may be a factor in custody cases, as it is closely tied to the everyday activities and routines that the children are accustomed to. Parental behavior which is intended to undermine the relationships of the children with their other parent is not conducive to a healthy environment for the children, so it should be mentioned in any case where it has occurred. Also, if there are other things that are important to you, discuss them with your attorney so that they can help you to understand whether and how they would contribute to a discussion of child custody in your case.
If your divorce case involves children, it is important that you seek the assistance of a knowledgeable East Texas Divorce Attorney. A skilled divorce attorney can increase your chance of reaching a child custody agreement which will work for you, and can help you present your best case in the event that any portion of your divorce proceeds to litigation. To learn more, call Texas Family Law Attorney Alex Tyra today to schedule a free consultation with one of our Texas Divorce Attorneys. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.