Child Custody in Texas and the Best Interest Standard: In the Best Interest of Whom (Comment)

The purpose of this comment is to evaluate the manner with which the "best interest of the child" theory is implemented in child custody cases. More specifically, this comment will focus on the "best interest of the child" standard, commonly referred to as the Holley factors, applied in Texas child custody cases." Additionally, this comment will explore whether the current best interest standard in Texas is appropriate in a child custody context or whether a new standard should be considered. In order to set a proper perspective from which to evaluate the Texas best interest standard, Part I of the comment reviews the historical background and evolution of various child custody standards adopted by courts. Part II considers and evaluates the Uniform Marriage and Divorce Act's "best interest" standard. Part III analyzes the Holley approach taken by Texas courts, and discusses its inherent flaws. Part IV evaluates Holley in light of other considerations such as race, religion, and sexual preference. Part V evaluates recently proposed custody determination standards, and Part VI recommends changes in the manner Texas courts apply the best interest standard to child custody disputes