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Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata

The Scholar: St. Mary's Law Review on Race and Social Justice

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' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …