Best Interest of the Child in Texas: The Holley v. Adams Factors

The best interest of the child is an important consideration for judicial decisionmaking in the area of child custody and visitation. It is also part of the criteria in termination of parental rights proceedings. While the best-interests test is well-known, it is also rather broad and subject to different interpretations. Just what does it mean, and how is it implemented in the courts of this state? The Texas Supreme Court added greater specificity in its much-cited opinion in Holley v. Adams by providing a list of considerations for the judge to apply and hear evidence on. These are known as the Holley v. Adams factors and can be thought of as guidelines. Judges hearing cases involving minor children retain a large amount of discretion and may consider evidence that does not necessarily fit well into any one of the categories.

The Best Interest of the Children Standard in Texas

Nonexclusive factors that the trier of fact in a termination case may use in determining the best interest of the child include

(1) the desires of the child,

(2) the emotional and physical needs of the child now and in the future,

(3) the emotional and physical danger to the child now and in the future,

(4) the parental abilities of the individuals seeking custody,

(5) the programs available to assist these individuals to promote the best interest of the child,

(6) the plans for the child by these individuals or by the agency seeking custody,

(7) the stability of the home or proposed placement,

(8) the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one, and

(9) any excuse for the acts or omissions of the parent.

Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex. 1976); In re M.N.G., 147 S.W.3d 521, 539 (Tex. App._Fort Worth 2004, pet. denied).

These factors are not exhaustive. Some listed factors may be inapplicable to some cases; other factors not on the list may also be considered when appropriate. C.H., 89 S.W.3d at 27; M.N.G., 147 S.W.3d at 539. Furthermore, undisputed evidence of just one factor may be sufficient in a particular case to support a finding that termination is in the best interest of the child. C.H., 89 S.W.3d at 27; M.N.G., 147 S.W.3d at 539. On the other hand, the presence of scant evidence relevant to each Holley factor will not support such a finding. C.H., 89 S.W.3d at 27; M.N.G., 147 S.W.3d at 539.

In addition to the above, a parent's inability to provide adequate care for the child, lack of parenting skills, poor judgment, and repeated instances of immoral conduct may also be considered when looking at the child's best interest. In re C.A.J., 122 S.W.3d 888, 893 (Tex. App.- Fort Worth 2003, no pet.).