In Texas and most other states, the best interests of the child is the deciding standard in child custody, visitation, and support matters as well as placement of children in the custody of the Department of Family and Protective Services. But the words themselves provide little insight into their practical application.
In fact, this standard is quite subjective. Sixteen states and the District of Columbia provide specific statutory criteria for determining the best interests of the child. Fortunately, Texas is among them. These factors appear in the Texas Family Code in the context of providing permanent placements for children in government custody. However, Texas courts have applied similar factors in other types of cases using the best interest of the child standard. These factors include the following:
Even with these guiding factors in place, the best interests of the child can still be a difficult concept. Experienced family law attorneys in Texas, however, have seen this standard in action. This gives them a practical understanding of its application that goes beyond mere words.