Determining the Best Interest of Child in Texas – Family Code 263.307

In Texas, the child’s best interest standard is found in Texas Family Code 263.307 and Texas Family Code 153.002. The main concern for Texas courts when making a final decision is to do what is best for the child.

A court will make this determination based on:

• The testimony of involved parties;
• An examination of the required reports and studies;
• An application of the law that is relevant to the case.

Typically, courts have broad discretion when determining what is in the child’s best interests. However, Texas courts will use the following factors from the Texas Supreme Court case, Holley v. Adams, as a guide in cases involving the termination of parental rights:

• The desires of the child;
• The emotional and physical needs of the child now and in the future;
• The physical and emotional danger to the child currently and in the future;
• The parental abilities of the individual who is seeking custody;
• The programs available to assist the individuals to promote the best interest of the child;
• Plans for the child arranged by the individual seeking custody or the agency;
• The stability of the proposed placement or home;
• The acts or omissions of the parent that indicate that the existing parent-child relationship is not a proper and healthy one; and
• Any excuse for the acts or omissions of the parent.

The Supreme Court of Texas has held that the right which exists between parents and their children is one of the constitutional dimensions.” However, it has also held that “while parental rights are of constitutional magnitude, they are not absolute.”

State intervention may be appropriate as a last resort when a parent poses a risk to the health or safety of their child. In addition, Texas courts have held that intervention in a family should be limited to cases where serious emotional or physical harm to a child is imminent, and the intervention is less likely to be detrimental than the status quo.

The court also held that the best interests of the child standard is embedded within the constitutional presumption that a fit parent, not a court, determines what is in their child’s best interests. This means that a parent has the ultimate say in raising their children unless it is determined otherwise by a court.

The Supreme Court of Texas held that courts are required to apply the fit parent presumption whenever a third party is seeking to interfere with a parent’s child custody decisions regarding their children. If an individual has any questions about the child’s best interest standard, they should consult with a local Texas attorney.

What Is the Child’s Best Interest Standard?

In cases where a court is determining which parent will be awarded custody and visitation and on what terms, the child’s interests will prevail over the desires of their parent. The child’s best interests also take precedence over most of the state child custody laws.

This standard helps to ensure that children, a vulnerable class of individuals, are provided the utmost protections. According to the child’s best interest standard, the parent who is taking custody of a child must be able to provide a stable home environment as well as to ensure their safety and well-being.

There are 21 states that have statutes that provide specific factors for the child’s best interest standard, while other states rely on case law. This means that, depending on the state in which an individual resides, there may be slight differences in how the standard is applied.

Some of the standard factors that courts examine to determine whether a particular decision is in the best interest of the child include:

• Emotional ties and relationships between the child and parents: In addition to considering the relationship between the child and each parent, some states observe the kind of relationships between the child and their:
  • Siblings;
  • Caregivers;
  • Other household members;
• Ability to facilitate necessities: Courts look to whether the parent can provide a safe home, food, clothing, and medical care to the child;
• Health, safety, and protection of the child: Eight states consider the physical and mental health needs of the child;
• Mental and physical health of the parent: An examination of whether the parent is capable of making sound decisions for the child;
• Domestic violence: Whether there has been domestic violence between the parents, child, or other members of the household;
• Preference of the child: The child may state their preferences relating to custody and other best interests issues;
  • The court will evaluate the child’s preferences based on the child’s age and maturity;
• Moral fitness: Some states assess the character, sobriety, religious training, and integrity of each parent;
  • Courts may disapprove of parents who abuse alcohol, use illegal drugs or abuse prescription drugs, even if this conduct occurs away from the child;
• Special needs of the child: Whether there are any special needs of the child and which parent will be more likely to provide for these special needs; and
• Not factor: Three states specifically list factors that courts should not consider;
  • For example, Connecticut law states that the socioeconomic status of the parent or caregiver should not be inferred as part of determining the child’s best interests.

Can the Court Override the Child’s Best Interest Standard?

A court may override what is considered to be in the best interests of the child based on an extreme change in the family. For example, it is often in a child’s best interest to reside with a parent who has always been their primary caregiver.

A major change could occur in the family, for example, a disability that makes parenting difficult for the primary caregiver to perform their regular caregiving activities. In this case, it may affect which parent is better suited.

What Factors Are Considered When Dealing With a Child’s Best Interest Standard in Texas?

In Texas, there are several factors that are considered when determining what is in the child’s best interest, including:

• The child’s emotional and physical needs;
• Parental abilities of potential caregivers;
• Plans for the child;
• Home stability;
• A history of abusive conduct by the child’s family members or other individuals with access to the home;
• Whether or not the perpetrator of the harm to the child has been identified;
• Parenting acts or omissions that suggest the parent-child relationship is not a healthy one;
• Excuses for any omissions or acts of the parent; and
• The child’s desires.

The desires of the child may be inferred by evidence other than the testimony of the child. A court may infer the preferred placement of a child who is too young to articulate their wishes by assessing the quality and extent of the relationships between the child and the prospective placements. Past conduct may be used to predict or measure future conduct.

For example, when the court is reviewing the parental abilities of a parent, it can examine the parent’s past neglect or past inability to meet the physical and emotional needs of their child.

When Do I Need to Contact a Lawyer?

If you have any issues, questions, or concerns related to child custody or the child’s best interest standard in Texas, it is essential that you consult with a Texas child custody lawyer. Your lawyer can advise you of the laws in Texas as the factors that a court will examine in your case.

Your lawyer can help you present the best case to a Texas court for whatever custody or visitation issue you are facing. Because this is such an important issue, it is important to have legal representation to ensure your rights are protected.