Family Law · 2024-06-20 · 9 min read · Anthony Robles
Best Interest of the Child Checklist: The Holley Factors in Texas
TL;DR (Quick Summary)
Every Texas custody decision runs on one standard: the best interest of the child (§153.002). Courts apply the nine Holley v. Adams factors: the child's desires; emotional and physical needs now and in the future; danger to the child; parenting abilities of each parent; programs available to assist; each parent's plans for the child; stability of the home; parental acts or omissions; and any excuse for those acts. Build your evidence around these factors — school records, medical involvement, witnesses, a stable home — not around attacks on your ex.
The 9-Factor Checklist Judges Use
- ✅ Child's desires (children 12+ may be interviewed in chambers, §153.009)
- ✅ Emotional and physical needs — now and in the future
- ✅ Emotional or physical danger — violence, substance abuse, neglect
- ✅ Parenting abilities of each parent — who does homework, doctors, meals
- ✅ Programs available to assist each parent
- ✅ Each parent's plans for the child
- ✅ Stability of the home — the factor West Texas judges weigh most heavily
- ✅ Acts or omissions suggesting an improper parent-child relationship
- ✅ Any excuse for those acts or omissions
How to Prove Best Interest in Ector & Midland Courts
Judges reward documentation over drama: school sign-in and report-card involvement, medical and dental appointment records, a consistent work schedule (or plan for oilfield rotations), photos of the child's room and routine, and neutral witnesses — teachers, coaches, pediatricians. Avoid the classic mistakes: badmouthing the other parent to the child, withholding visits without court orders, and social media rants (they end up as exhibits).
We build custody cases around these factors every week in the Permian Basin. Consultation: (432) 366-6000.
Frequently Asked Questions
What does "best interest of the child" actually mean in Texas?
It's the controlling standard of §153.002, applied through the nine Holley factors — needs, danger, parenting ability, stability, plans, and the child's own wishes. No single factor controls.
Does the child's preference decide custody?
No, but it matters. From age 12 the judge must interview the child in chambers on request. The preference is weighed against why the child prefers that home.
Do mothers automatically win the best-interest analysis?
No — §153.003 forbids gender preference. Fathers who document caregiving and stability win primary custody in West Texas courts regularly.
What evidence hurts a best-interest case most?
Family violence findings (they remove the joint-custody presumption), substance abuse, interference with the other parent's relationship, and instability — frequent moves, partners, and jobs.