Do you know what a Court looks at when making decisions regarding your children?  If you are engaged in a custody dispute you should know these factors.

Texas Courts consider a number of factors when determining the conservatorship, possession schedule and primary residence of the child.  The leading case on these factors is  Holley v. Adams, 544 S.W.2d 367 (1976) and the factors set on in that case are still guiding factors for Texas Courts.

(A) the desires of the child;

(B) the emotional and physical needs of the child now and in the future;

(C) the emotional and physical danger to the child now and in the future;

(D) the parental abilities of the individuals seeking custody;

(E) the programs available to assist these individuals to promote the best interest of the child;

(F) the plans for the child by these individuals or by the agency seeking custody;

(G) the stability of the home or proposed placement;

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

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

***This listing is by no means exhaustive, but does indicate a number of considerations which either have been or would appear to be pertinent.

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