How Is the ''Best Interest of the Child'' Determined by a Texas Court ?
Several factors may be considered in determining whether termination is in the best interest of the child, including:
The desires of the child
The emotional and physical needs of the child now and in the future
The emotional and physical danger to the child now and in the future
The parenting abilities of the individual seeking custody
The stability of the home or proposed placement
The parent's acts or omissions indicating that the existing parent-child relationship is not a proper one
Any excuse for the parent's acts or omissions.
Section 161.001 of the Texas Family Code permits a court to order the termination of the parent-child relationship if:
(1) the parent has engaged in any one of the acts listed in a laundry list of prohibited conduct;
(2) termination is in the best interest of the child. See TEX. FAM. CODE ANN. 161.001 (Vernon Supp. 2000).
The burden of proof in an involuntary termination case is by clear and convincing evidence. See TEX. FAM. CODE ANN. 161.001 (Vernon Supp. 2000).
In reviewing a jury's findings based on a clear and convincing standard, we ask ourselves whether sufficient evidence was presented to produce in the mind of a rational factfinder a firm belief or conviction as to the truth of the allegations sought to be established. See In re H.C., 942 S.W.2d 661, 663-64 (Tex. App.--San Antonio 1997, no writ).