In Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), the Texas Supreme Court identified several considerations that may assist courts in determining a child's best interests. Although Holley involved the termination of parental rights, its analysis has been repeatedly relied upon by Texas courts in conservatorship and custody disputes because it provides a practical framework for evaluating the evidence.

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The factors identified by the Court include:

The child's desires. As children mature, their preferences may become increasingly relevant. Texas law permits a child who is at least twelve years old to express a preference to the judge regarding the person who should have the exclusive right to designate the child's primary residence. While the child's wishes are an important consideration, they are never controlling. The court must still independently determine what arrangement serves the child's best interests.

The child's present and future emotional and physical needs. Every child has unique developmental, educational, medical, and emotional needs. The court evaluates which parent is better able to recognize and meet those needs, not merely today, but throughout the child's minority.

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The present and future emotional or physical danger to the child. Evidence involving family violence, abuse, neglect, substance abuse, untreated mental illness, criminal conduct, or other circumstances affecting the child's safety may significantly influence the court's decision. Protecting the child's welfare remains one of the court's highest priorities.

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The parenting abilities of each parent. Custody cases frequently involve evidence regarding each parent's ability to provide guidance, supervision, discipline, emotional support, educational involvement, and a stable home environment. The court is often less interested in isolated mistakes than in consistent patterns of parenting over time.
Programs available to assist the parties. The court may consider whether counseling, parenting classes, substance abuse treatment, family therapy, or other available resources may improve a parent's ability to care for the child.

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The parties' plans for the child. Judges frequently hear evidence concerning where the child will attend school, medical care, extracurricular activities, childcare arrangements, housing, and long-term educational goals. A thoughtful and realistic parenting plan often carries considerable weight.

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The stability of each proposed home. Stability is one of the recurring themes in Texas custody law. Courts generally seek to minimize unnecessary disruption in a child's life whenever possible. A stable home, consistent routines, reliable caregivers, and continuity in education and community involvement frequently support a child's emotional development.

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Acts or omissions suggesting that the existing parent-child relationship is not appropriate. Courts may consider conduct demonstrating poor judgment or an inability to place the child's interests ahead of the parent's own interests. Repeated violations of court orders, interference with the child's relationship with the other parent, domestic violence, or exposing the child to dangerous situations are examples of evidence that may become relevant.

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Any explanation for the parent's conduct. The court recognizes that individual events rarely tell the entire story. Parents are entitled to explain circumstances surrounding alleged misconduct, and the court evaluates the credibility of that explanation together with all other evidence presented during the case.

These considerations are not exclusive. The trial court may consider any evidence that bears upon the child's best interests, even if it does not fit neatly within one of the traditional Holley factors. Likewise, no factor is automatically controlling. A custody case is decided by evaluating the totality of the evidence rather than mechanically counting how many factors favor one parent or the other.

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