Yes, the court will take into consideration a child’s custody preference, but it is only part of the equation. Texas law specifically states that “
the best interest of the child” must be the court’s primary consideration when determining issues of conservatorship (child custody) and possession and access to the child. To guide judges, the Texas Supreme Court, in the case of
Holley v. Adams, provided a list of factors for judges to consider when making custody decisions. They are often referred to as the “Holley Factors” and include:
* The child’s desires
* The emotional and physical needs of the child now and in the future
* Any emotional and physical danger to the child now and in the future
* The parental abilities of the individuals seeking custody
* The programs available to assist the parents
* The plan for the child by these individuals
* The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the exciting parent-child relationship is not a proper one
* Any excuse for the acts or omissions of a parent.