Houston Child Custody Attorney
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Child custody issues can be addressed in the midst of divorce, paternity action, or in a suit affecting the parent — child relationship. Whatever setting they are addressed in, a child custody “battle” is rarely in the best interests of the child or children; however, in some cases they are necessary. The court uses the best interests of the child analysis as a basis for making decisions during custody cases.
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Factors Involved in the Court Decision
The Holley Factors are basically what the court uses to determine the best interests of the child. The factors come from the 1976 Texas Supreme Court case Holley v. Adams. In this case, the Texas Supreme Court said that when a court is determining custody, there are certain factors that must be considered.
The factors considered in child custody cases 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 parenting abilities of the individuals seeking custody
- The programs available to promote the best interest of the child
- The plans for the child by the individual or agency seek custody
- The stability of the home or placement
- The acts which may indicate the parent-child relationship is not proper
- Any excuse for the acts or omissions of the parent
It is important to note that these factors are not the only factors and likewise some factors are not applicable to all situations, but this gives guidance to what the court considers in custody situation. The decision to engage in a custody dispute is not a decision anyone should take lightly.
Contact Recalde Law Firm, PLLC at 832-261-0029 to discuss your case.