Child Custody in Texas and the Best Interest Standard: In the Best Interest of Whom.

Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents\u27 sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor in a case. As a result, judges have used their discretion to subjectively select which factors it considers relevant when ruling. Judges, therefore, should be mandated to consider each factor and provide a detailed explanation of their analysis concerning each factor. Although the Holley factors are a significant improvement from previous doctrines concerning child custody disputes, Holley is still not the most appropriate standard. Either the legislature or the judiciary should adopt similar factors to those in Section 263.307 of the Texas Family Code. Additionally, courts should be mandated to consider the parents’ wishes as to their child’s best interest. Ideally, the best interest of the child standard should include the following factors: emotional ties between the parents and the child; parenting skills of both parents; parents\u27 wishes as to the child\u27s custody; and interrelationship of the child with his parents, siblings, and any other individual who significantly affects the child\u27s best interest

Child Custody in Texas and the Best Interest Standard: In the Best Interest of Whom (Comment)

The purpose of this comment is to evaluate the manner with which the "best interest of the child" theory is implemented in child custody cases. More specifically, this comment will focus on the "best interest of the child" standard, commonly referred to as the Holley factors, applied in Texas child custody cases." Additionally, this comment will explore whether the current best interest standard in Texas is appropriate in a child custody context or whether a new standard should be considered. In order to set a proper perspective from which to evaluate the Texas best interest standard, Part I of the comment reviews the historical background and evolution of various child custody standards adopted by courts. Part II considers and evaluates the Uniform Marriage and Divorce Act's "best interest" standard. Part III analyzes the Holley approach taken by Texas courts, and discusses its inherent flaws. Part IV evaluates Holley in light of other considerations such as race, religion, and sexual preference. Part V evaluates recently proposed custody determination standards, and Part VI recommends changes in the manner Texas courts apply the best interest standard to child custody disputes