Best Interest of the Child

we Seek the Best Interest of the Child

When it comes to deciding child custody in Texas, "the best interests of the child" holds the most sway with custody laws and the family court judge. What may sound like a simple concept is actually very expansive and many clients are surprised when they are unable to provide enough evidence and reasoning to satisfy what this concept asks of them as a parent or guardian.

If you are facing a child custody issue, then it is imperative that you seek supportive, knowledgeable, and assertive counsel. At Scroggins Family Law, our dedicated Collin County child custody lawyers are Texas Board Certified Family Law Specialists with more than over 20 years of combined experience. We are committed to seeing the families, individuals, and futures behind your legal matter and providing unflagging counsel and advocacy to every client who depends on us.

It is possible to face your family law matter with confidence. Contact us today for an initial evaluation.

"The Holley Factors"

In Texas, the "best interests of the child" concept was most clearly and definitively laid out in the 1976 Supreme Court case of Holley v. Adams. Since this ruling, nine determining factors, sometimes now called "the Holley Factors," have been widely used to determine what is best for the child during a custody dispute.

The Holley factors include:

  • The present and future physical and emotional needs of the child
  • The present and future physical and emotional danger posed to the child
  • The parenting abilities of those individuals seeking custody
  • Any programs available to assist those individuals seeking custody
  • Any plans for the child of the individuals seeking custody
  • The stability of the homes belonging the individuals seeking custody
  • Any behavior, statements, or omissions meant to misrepresent a relationship with the child by the individuals seeking custody
  • Any excuses for the previously mentioned behavior, statements, or omissions
  • The wishes of the child

It is important to understand that this is not simply "a checklist" used in determining child custody. These matters are evaluated on a case-by-case basis. These Holley factors, however, create a solid basis of how the judge may perceive a family's circumstances when weighing the best interests of the child or children in question. It is up to the parent or potential guardian to prepare for this kind of assessment and emphatically put forth their eligibility with proper counsel.

You do not have to face this process alone. Contact our Collin County child custody lawyers today at 214-469-3100 for proven representation.