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In the event the parties can not agree, the court looks to the best interest of the child to determine custody.  Of course, in many cases, what is in the best interest of the child is often hotly debated.  In these cases, Texas law provides that the duty of a judge in a case concerning child custody is to determine what will best promote the child’s welfare and happiness by considering any relevant factor including, but not limited to:

  1. The desires 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 programs available to assist these individuals to promote the best interest of the child;

  6. The plans for the child by these individuals or by the agency seeking custody;

  7. The stability of the home or proposed placement;

  8. The acts or omissions of the parent that 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.

Holley v. Adams, 54 S.W.2d 367 (Tex. 1976).

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A Court may also consider the preference of a child 12 years old and older. The attorneys at Daniels Law Firm strategically present relevant facts to establish best interest of the child in the eyes of the Court.

At The Daniels Law Firm we explain the details of your case in plain English and fight passionately--especially when loved ones are on the line. Contact us or call today for your free consultation. 
(346) 703-1234