Many family law cases involve a fight over custody of the parties’ children. If parents end up in court, the court will award child custody, and other provisions that impact children such as possession and access and child support, based on what is in the child’s best interest. In Texas, family law courts apply factors called the Holley factors to determine what is in the child’s best interest and this determination happens on a case-by-case basis. Courts want to make decisions that are in the child’s best interest in terms of the child’s physical, mental, and emotional development. The Holley factors allow judges to weigh different factors in the child’s life to determine which custody arrangement would promote their development. The judge weighs all the factors together, which means that prevailing on one or two factors is not enough. Furthermore, it is important to note that what is in the child’s best interest may differ from what is in the parent’s best interest and parents may disagree with a Court’s determination of the child’s best interest. This blog will outline the Holley factors, so you have a better understanding of how Texas courts make decisions in regard to child custody.
- The desires of the child
In child custody cases, parents often argue that the child has expressed a desire to live with them, so therefore the court should order that the child live with that parent. It is important to keep in mind that courts will not award custody to a parent simply because the child expresses a desire to live with that parent. Sometimes children state that they want to live with one parent when it would not be in the child’s best interest. At the end of the day, the court wants to make sure their ruling would be in the child’s best interest.
If a child is 12 years old or older in Texas, the parent’s attorney can request that the judge confer with the child in the judge’s chambers. This means that the judge would talk privately with the child in the judge’s office. The parents are not permitted to be present during this conversation so that the child is not forced to discuss the case or the relationship they have with their parents in front of them.
Again, the desires of the child alone will not determine where the child lives, but a judge can take the child’s preference into consideration along with other factors below when determining custody of the child. Parents should not try to pressure their children one way or the other. Judges have practiced law for many years and will likely be able to see when a child has been told to say certain things by a parent. If a parent tries to pressure their children into saying certain things to a judge, this will likely negatively impact that parent’s case. At the end of the day, try to keep your child’s best interest in mind, which includes not discussing litigation with your children and not putting them in the middle of any custody cases.
- The emotional and physical needs of the child now and in the future
The second Holley factor that courts take into consideration when determining child custody is the emotional and physical needs of the child now and in the future. A child’s emotional and physical needs change over the course of their childhood. For younger children, the court may look at whether the parents provide learning opportunities for the child to develop language, reading, and social skills. If the child is in elementary school and not keeping up with other students in their class, a court might inquire into whether the parent has taken steps to determine if there is anything causing the child’s learning delays, such as a learning disorder.
As the child gets older, the court might look at how the parents address other issues the child is experiencing, such as substance abuse, mental health issues, and bullying. A court would likely look more favorably on the parent who is working to address the issues their child is experiencing rather than a parent who denies any issue exists or is not involved enough in the child’s life to notice the issue in the first place.
Courts want to make sure that children are taken care of both emotionally and physically by their parents. The parent who showcases that they care for the child emotionally and physically is more likely to have more decision-making rights in regard to the child and have the child more of the time.
- The emotional and physical danger (of one parent) to the child now and in the future
The third Holley factor is the emotional and physical danger of one parent to the child now and in the future. It is possible that neither parent poses an emotional or physical danger to the child. However, if one parent does pose a risk to the child, the court is likely to award primary custody to the parent who does not put the child at risk because such a custody arrangement would be in the best interest of the child.
A court may look at whether one of the parents creates a lot of tension in the home due to constant fighting either with the child, the other parent, or a third party. Courts want parents to co-parent children in a healthy way and therefore would not look favorably on a parent who creates significant co-parenting issues. Courts recognize the importance of children developing healthy relationships with people outside the home. Parents should try to foster a child’s relationship with other children, family members, and others in their community. Furthermore, a court would likely interpret substance abuse issues or a parent exposing the child to known sex offenders as things that would pose a risk to the emotional and physical safety of the child. Another example of a parent putting their child in a dangerous position is when a parent decides to drink alcohol and then drive with their child in the car.
If you believe that the other parent poses a risk to your child, make sure you bring sufficient evidence of such risk to the court’s attention. Similar to the other factors, this factor will not by itself decide custody of a child, but courts place a lot of importance on ensuring a child’s emotional and physical safety.
- The parental abilities of the individuals seeking custody
The fourth factor is a parent’s parental abilities. As you can imagine, courts want parents to be actively involved in their children’s lives in a healthy manner. Parental abilities can encompass many things, including whether the parent is able to be home during the evening to assist the child with their homework or take the child to extracurricular activities. For some parents, their job requires them to travel extensively during the week making it so they are not at home most days. While this parent might be a great parent, a court might find that the other parent, who can spend more time with the children, is a better fit in the child custody case.
Another example that showcases a parent’s parental abilities include how that parent navigates conflicts. Courts like to see parents who can minimize conflicts and do not force their children to take sides, especially regarding the other parent. Parents need to have a certain level of maturity and need to put their children first because that is what is in the child’s best interest.
- The programs available to assist the parents
The next Holley factor addresses the programs available to assist parents. This factor can arise in situations involving special needs children or children with learning disabilities. For example, one parent might be zoned to a school that has a great program for children with special needs where the child can be a part of a class of five other special needs children. These special needs children might receive exceptional physical therapy, speech therapy, and other programs that help them develop. However, the other parent might be zoned to a different school that does not have all these programs available.
Similar to the other Holley factors, this factor alone will not dictate a court’s ruling regarding child custody. However, in our example, a court might take into account these different program opportunities when determining child custody. At the end of the day, a court wants to rule in the child’s best interest. In our example, it would be in the best interest of the child to attend the school with better programs available.
- The plans for the child by these individuals
The sixth Holley factor involves the plans the parents’ have for the child. Parents do not have to agree on their child’s future or have everything planned out, but parents should be helping their children grow and working towards becoming self-sufficient, healthy adults. For example, does one parent help the child do well in school and expose the child to different options in regard to college while the other parent does not value education? Another example would be a parent who teaches a teenager about financial literacy and helps the child start saving for higher education. This is yet another factor courts take into consideration when trying to determine what child custody arrangement would be in the child’s best interest.
- The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the existing parent-child relationship is not a proper one
The second to last Holley factor addresses the stability of the parents’ homes and any act or omission of a parent that shows that the parent-child relationship is not a proper one. Similar to other Holley factors, a court can look at a variety of things when determining the stability of a parent’s home. For example, do the children have to move from house to house often? Do the children live in a motel rather than an apartment or house? Does the parent allow people around the children that create an unstable home environment and put the child at risk? Is the home unsanitary for a child? Parents are not expected to maintain perfect, spotless homes for their children. Judges know that sometimes a house gets messy or sometimes a family has to move, but excessive moves or unsanitary conditions would point to bigger issues that might not be in the child’s best interest because the child lacks a healthy, stable home.
Courts also want to examine whether one of the parents acted in a way that would indicate that they do not have a proper parental relationship with their child. This could be minor or severe. One example could be whether the parent treats the child as a friend rather than as a parent. While on the more extreme side of examples child abuse could be an issue. A court would inquire into any signs that a parent abused their child. Furthermore, a court would also take issue with a parent who allows another party to abuse their child. Other examples of acts or omissions that may indicate an improper parent-child relationship include a parent facilitating drug use by their child, a parent who is a gang member trying to get their child to join the gang, or pushing their child to engage in sex work. Courts want to make sure that children are in safe and healthy home environments.
- Any excuse for the acts or omissions of a parent
The final Holley factor addresses any excuse a parent might have for their acts or omissions. If a parent brings up something that the other parent did, this factor allows for the courts to take the other parent’s reasoning or excuse into account when determining child custody. Courts recognize that no one is perfect and that includes parents. However, just because a parent has an excuse for their actions or omissions does not mean that the parent’s action or omission is completely forgotten. A court will take a parent’s excuse or reason into account when determining the overall best interest of the child in a child custody case.
Next time you are deciding whether to bring a case or if you are going through a case right now that involves child custody, keep these Holley factors in mind when deciding how to proceed in your case or whether it is worth bringing a child custody case back to court. As mentioned throughout this article, a court uses the Holley factors to determine the child’s best interest in terms of child custody. A parent is not likely to “win” their child custody case simply because they may “win” on one factor. Rather, a court will look at and weigh all of the factors when determining child custody.