Dallas Divorce Lawyer Blog
In Texas a parent can have their rights terminated. Texas law allows a court to terminate a parent-child relationship only if the court finds clear and convincing evidence for one or more statutory grounds for termination and that termination is in the child’s best interest. TEX. FAM. CODE ANN. § 161.001
How does a court decide if parental termination is in a child’s best interest?
Texas courts use what are called the Holley factors from this case, Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976).
The Holley factors are
1- the child’s desires
2- the child’s age and emotional and physical needs now and in the future
3- any emotional and physical danger to the child now and in the future
4- the parental abilities of the individuals seeking custody
5- the plans for the child by those individuals and the stability of the home
6- the plans for the child by the agency
seeking custody and the stability of the proposed placement
7- the acts or omissions of the parent
which may indicate the existing parent-child relationship is not a proper one
8- any excuse for the acts or omission of the parent.
Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976)
The Holley factors focus on the best interest of the child, not the best interest of the parent. Dupree v. Tex. Dep’t of Protective & Regulatory Servs., 907 S.W.2d 81