If you’re in a Texas custody case, you’ve probably heard the phrase “best interest of the child” so many times it’s started to sound like a magic spell. Everyone says it. The judge says it. The lawyers say it. You say it.
But what does it actually mean? And more importantly — how does a Texas judge decide what it means in your specific case?
The answer lies in a framework called the Holley factors.
What Are the Holley Factors?
In 1976, the Texas Supreme Court decided a case called Holley v. Adams, which established a non-exhaustive list of factors courts should consider when determining the best interest of a child. These factors have governed Texas custody decisions ever since, and every family law judge in the state uses some version of them when evaluating custody.
The Holley factors are:
- The desires of the child — If the child is old enough and mature enough, their preference carries weight. Generally, courts give more weight to a child’s preference around age 12 and above, though a child of any age can express a preference.
- The emotional and physical needs of the child now and in the future — What does this specific child need? Medical needs, emotional stability, consistency, routine?
- The emotional and physical danger to the child now and in the future — Is either parent’s home environment unsafe? Is there substance abuse, domestic violence, instability?
- The parental abilities of the individuals seeking custody — Who is the more capable, attentive, involved parent? Who helps with homework, makes doctor appointments, knows the teachers?
- The programs available to assist those individuals — Does either parent have support systems — family nearby, good childcare, counseling resources?
- The plans for the child by the individuals seeking custody — What is each parent’s vision for the child’s life? Education, stability, activities, consistency?
- The stability of the home or proposed placement — Which home offers more stability? Who has been the consistent caregiver? Who has lived in the same place, maintained the same routine?
- The acts or omissions of the parent which may indicate that the existing parent-child relationship is not proper — Has either parent done something that suggests the relationship isn’t healthy? Neglect, abuse, alienation?
- Any excuse for the acts or omissions of the parent — Context matters. Is there an explanation for past behavior that mitigates it?
How to Use the Holley Factors Strategically
Here’s what most pro se litigants miss: the Holley factors aren’t just a checklist the judge runs through privately. They are the framework you should be building your entire case around.
Go through each factor and ask yourself two questions: How do I score on this factor? and How does the other parent score?
Where you’re strong, build evidence and testimony to demonstrate it. Where you’re weak, either have an explanation ready or take concrete steps to address the weakness before your hearing. Where the other parent is weak, document it — and be prepared to present it to the court calmly and with evidence, not with emotion.
Judges see parents come in furious and accusatory every day. What stands out is the parent who presents documented, specific, credible information about why they are the better placement for their child. Facts, not feelings.
The Factor Most People Underestimate: Stability
In my experience, stability is one of the factors that carries the most weight with Texas judges — and it’s the one most people take for granted. Courts strongly favor continuity. The parent who has been the primary caregiver, who has kept the child in the same school, who has maintained a consistent home environment — that parent starts with a significant advantage.
If you’re the parent fighting to become primary caregiver, you need to show not just that you’re capable but that you can provide the stability the child needs. That means having a concrete plan — housing, schooling, childcare, support systems — that you can present clearly.
Document Everything
The Holley factors are evaluated based on evidence. Not your word against theirs — evidence. Keep records of your involvement in your child’s life: school communications, medical appointments, activities, pickups, dropoffs. If the other parent is engaging in behavior that reflects poorly on one of these factors, document it contemporaneously — dates, times, what happened, witnesses if any.
A journal kept consistently over months is worth far more than a dramatic speech at trial.
Let’s Build Your Holley Strategy
This is exactly the kind of case analysis I do with my students. We go through each factor, assess your position honestly, build your evidence plan, and make sure you’re walking into court with a strategy built around what the judge is actually looking at.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach