Texas Law & the Best Interest of the Child

Best Interest: The Texas Family Code commands that “The best interest of the child shall always be the primary consideration of the court... “ 15.002 TFC.

Okay, but what is the “best interest of the child”?  What does it mean?  The Texas Family Code gives no definitions of “best interest”.  What kind of evidence does the Judge want to hear?  What do we tell the Judge?

No legal definition of best interest. The Texas Supreme Court wants Judges to consider a number of factors.  Their list suggests that the Judges consider all facts that “appear to be pertinent.” Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex. 1976). If the Texas Supreme Court cannot, or will not, define “best interest”, it appears we must create our own list.

List of negatives: Let us start with negatives.
Who introduced the child to adult themes in drugs and alcohol? You were drunk (or high) in front of the child?
Who you introduced the child to adult themes in sex? You and your friend allow your child to see -What!?
Who you introduced the child to adult themes in family violence? Your family arguments involve fists?
Do you have a room, bed and toys for the child?  Your child sleeps on the couch?
Do you have druggie friends around your child?
What bad things are on your Facebook page?

List of Positives: Let’s consider positive things.
Who prepared meals for the child?
Who took the child to the doctor?
Who talks to the child’s teachers?
Who got the child to dance or baseball or soccer?  Who attends the games?
Who got the child up in the morning?  Puts the child to bed at night?
Who bought clothing for the child?
Who actually read a book about child discipline?
What are your child’s grades from school?

Make your case better: What can one do to help a case on “Best Interest”?
Hire a maid to clean your residence. She could testify about your neat and tidy home.  She will be in your house and  observe your close relationship with your child.
Go to PTA or PTO meetings, participate in school conferences. Get to know the teacher.
Go to church and Sunday school regularly.  Get to know your child’s Sunday school teacher and pastor.
 Daycare workers also observe you and your child.  Get to know them.
Read a short book on child rearing or discipline.
Take the child out for pizza once a week.  Let the child talk.  What is he or she thinking?
Take some photos of you and your child having fun.
Write everything down.

Summary:  You can make your case better, and help your child, by taking some steps suggested in this article.