# Child’s Best Interest Factors in Texas Custody | TadLaw

When a Texas divorce case involves minor children of the two parties, a court must address such issues as custody, visitation, and support. Since the law generally favors a situation where the child has solid relationships with both parents, joint custody is usually the preferred arrangement. From there, however, the[statutes covering custody and visitation](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm/) can be very complicated. In making a determination, the court is guided by state law on the child’s best interests, which includes different factors related to the child’s physical, mental, and emotional needs. An[experienced Texas divorce attorney](https://tadlaw.com/houston-tx/divorce-lawyer/) can provide more specific details on how the statute applies to your case, but some general information may be useful.

## Texas Law on the Child’s Best Interests

Both statutory and case law have been instrumental in developing the child’s best interests standard. The 1976 case of *Holley v. Adams* was the first to list out nine factors for a court to review in determining whether a custody and visitation arrangement serves the child’s best interests. They are:

1. The desires of the child, where appropriate depending on age;
2. The child’s current and future physical and emotional needs;
3. Whether there is any emotional or physical threat to the child;
4. Parental abilities, understanding, and involvement with the child’s needs;
5. The presence of programs available to assist the parent and child in meeting developmental needs;
6. Each parent’s plans for raising the child;
7. The stability of the residential environment where the child will live;
8. Any conduct demonstrating that a parent’s relationship with the child is not suitable, proper, or advantageous;
9. Any excuses a parent uses to justify certain acts or omissions with respect to the parent-child relationship.

## When Courts Consider the Child’s Best Interests

The interests of the child are always a primary consideration in [divorce cases](https://tadlaw.com/houston-tx/divorce-lawyer/) regarding custody and visitation, but it is important to understand how the standard applies.

- **Agreements on Child Custody and Visitation:**Texas law encourages divorcing parents to agree on issues related to minor children, but that does not give the parties complete freedom to decide custody and visitation. A judge will review an agreement to ensure it complies with the child’s best interests standard before signing off.
- **Disputes Regarding Care for Minor Children:**Where parents cannot agree on visitation, custody, or both, the matter goes before the court in a litigation-style hearing. Parties in dispute can present evidence on how they each meet the child’s best interests test, and the court will issue a decision.
- **Domestic Violence Situations:**Where there is a history or threat of violence toward the child or one of the parents, a court may apply the child’s best interests standard to deny visitation or custody under #3 above.

For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today

## Discuss Visitation and Custody with a Knowledgeable Galveston, TX Divorce Lawyer

If you have questions or would like to know more about how the child’s best interests standard applies in your divorce case, please call [(281) 280-0100](tel:(281) 280-0100) to reach the Galveston, TX offices of Tad Nelson & Associates. We can set up a consultation to review your legal options with a dedicated attorney. You can also[check out our website](https://tadlaw.com/) for more information on child visitation and custody in divorce cases.

Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started

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Source: https://tadlaw.com/blog/childs-best-interest-factors-in-texas-custody/