The Texas Family Code states that the “best interest of the child” shall always be the primary consideration in determining issues regarding children.
The Texas Supreme Court set out a list of factors in Holley v. Adams (1976) that courts should consider in the best-interest analysis. These include: 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 parental abilities of the individuals seeking custody; and the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one.
