The Best Interests of the Child

In Texas and most other states, the best interests of the child is the deciding standard in child custody, visitation, and support matters as well as placement of children in the custody of the Department of Family and Protective Services.  But the words themselves provide little insight into their practical application.

In fact, this standard is quite subjective.  Sixteen states and the District of Columbia provide specific statutory criteria for determining the best interests of the child.  Fortunately, Texas is among them.  These factors appear in the Texas Family Code in the context of providing permanent placements for children in government custody.  However, Texas courts have applied similar factors in other types of cases using the best interest of the child standard.  These factors include the following:

• Desires of the child
• Present and future emotional and physical needs of the child
• Emotional and physical dangers to the child
• Parental ability of each person seeking custody
• Programs available to assist the individuals seeking custody
• Plans that each individual has for the child
• Household stability of each individual seeking custody
• Acts or omissions by each individual seeking child custody that indicate the quality of the parent-child relationship

Even with these guiding factors in place, the best interests of the child can still be a difficult concept.  Experienced family law attorneys in Texas, however, have seen this standard in action.  This gives them a practical understanding of its application that goes beyond mere words.