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.

Texas To Enhance Family Protective Orders

Texas adults are able to file Applications for Protective Orders to protect their families from violence. The police can arrest a person violating the protective order. The victim gets immediate protection. The violator sits in jail, until his hearing for violating the protective order.     


The Texas legislature is moving to increase protection for victims of family violence. In SB 819, the jurisdiction of  a court is expanded  to allow it to enforce protective orders from another court.  If a woman gets a protective order in Dallas and moves to Tyler, the Tyler court could enforce violations of the Dallas order.  The witnesses would be in Tyler, so the Tyler court hears the case.


The Tyler court would also be able to enforce a protective order through contempt. 


With regards to a “dating relationship” that becomes abusive, an Application for a Protective Order may be filed by a member of the dating relationship, even if the applicant is a child.  The child may sign a statement under oath, which will be accepted by the Judge.


The child may be a 15 year old girl dating a violent 20 year old man.


The child may also be a 9 year old girl of a single mother dating a violent man.


SB 819 adds another warning to would be violators, as if drug addicts or abusive spouses read warnings.


“Dating violence”  is expanded to include conduct directed against a child. Hitting the mother is family violence. Hitting the mother’s 9 year old girl would also be family violence.  Being nice to mommy is not a defense to acts of violence against her 9 year old girl.  Indeed, if the mother is in a coma and cannot take action, her 9 year old girl can ask for a protective order on her own.


The legislative session ends May 30th.  If SB 819 passes, it will take effect and the trouble will begin September 1st.

Texas Dept. Family & Protective Services

House Bill 1 at the Texas Legislature proposes a cut of 400 caseworkers and investigators from the Dept. of Family & Protective Services. These are the persons who care for neglected and abused Texas children. The recommended caseload is 12 to 15 cases per caseworker, with the Texas average being 27 cases. The cuts in caseworkers would make this average much worse, meaning long delays in getting help for neglected and abused children.

For neglected children, think of the children of meth addicts, or alcoholics, or the homeless. For abused children, think of the children of parents with severe anger problems, or dangerous sexual habits, or emotional or psychological problems that make them dangerous to others. After an outcry is made, these are children who do not need long delays.

As a family lawyer, I have battled with the Dept of Family & Protective Services, have called the agency "out of control" and "too powerful". However, there are courts and Judges to see that justice is done when caseworkers make a mistake; there are no remedies for neglected and abused children who must wait too long for help.