In Texas, court have a lot of discretion, when it comes to the "best interest" of the child for custody determination. Clients have to be prepare to explain to the court that, it would be in the best interest of the child, to be with one parent over the other one. Some times, it is not an easy task to do.

The leading case on this issue is from the Supreme Court of Texas. In this case, the court looked at these factors: (A) the desires of the child; (B) the emotional and physical needs of the child now and in the future; (C) the emotional and physical danger to the child now and in the future; (D) the parental abilities of the individuals seeking custody; (E) the programs available to assist these individuals to promote the best interest of the child; (F) the plans for the child by these individuals or by the agency seeking custody; (G) the stability of the home or proposed placement; (H) the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and (I) any excuse for the acts or omissions of the parent. Holley v. Adams, 544 S.W.2d 367, 372 (Tex. 1976).


The court further said that: "This listing is by no means exhaustive, but does indicate a number of considerations which either have been or would appear to be pertinent."

If you, or someone you know is going trough a custody battle, give us a call (210) 979-9777. Our San Antonio Lawyers have been helping families with their legal issues.

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