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Why is Holley v. Adams an important custody decision?

If you have read significantly on the subject of Texas divorce and child custody disputes, then you have probably run across the Holley v. Adams decision made by the Texas Supreme Court. Your family law attorney might reference this instance for a number of reasons, primarily that the case law includes a list of factors used for determining the best interest of a child with regards to custody and parental relationship.

Any opinions given to you by the court regarding custody challenges or actions seeking termination of parenthood will likely depend at least partially on the Holley v. Adams list. Please note that there is no burden to satisfy all of these terms before the court terminates parental status. The case law includes the following criteria as a partial rubric for a beneficial relationship:

  • Safety or danger of the child in both an emotional or physical sense
  • The wishes of the child
  • Evidence the parent-child relationship is improper, indicated via willful act or omission committed by the parent and balanced by reasonable excuses for such
  • The prospective agency's or parent's plans

The information here is meant to educate you, not to provide legal advice. You can find further conditions listed in the case law, as well as the entire story of the custody dispute. However, please be aware that these factors do not form the whole picture of child benefit. This is especially true if you have performed your parental duties to the best of your ability, as later case law refined the Holley v. Adams decision to differentiate between malicious actions and unlucky circumstances.

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