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Best Interest Standard

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Best Interest Standard

The Texas Family Code requires a Judge to make decisions concerning conservatorship of, possession of or access to a child that are in the best interest of the child. This is not a hard and fast bright-line rule. Rather, it is a means for a Judge to tailor an order to the specifics of a case based on the following factors:

1. The wishes of the child;

2. The emotional and physical needs of the child now and in the future;

3. The emotional and physical danger to the child now and in the future;

4. The parental abilities of the individuals seeking custody;

5. The stability of the home environment of the individuals seeking custody;

8. The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and

9. Any excuse for the acts or omissions of the parent.

This is not an exhaustive list and it is very possible that two different judges can reach different conclusions with the same facts. This is a very subjective standard and very fact-specific.

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