Focusing on the "Best Interests" of the Child

Whether parents and their attorneys resolve a child custody matter out-of-court through negotiation and agreement, or the custody decision is made by a family court judge, the overriding focus in any custody case should always be on a solution that is in the child's "best interests." "Best interests" has a particular meaning in family law when making arrangements for children. In this article we will discuss the significance and meaning of the phrase.

The Child's Best Interests in Custody Cases

In the context of child custody cases, focusing on the child's "best interests" means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child's happiness, security, mental health, and emotional development into young adulthood. Generally speaking, it's often in the child's best interests to maintain a close and loving relationship with both parents, but the practicalities of promoting and maintaining such relationships can be the main challenge in resolving a child custody dispute.

In any custody conflict it's crucial that you not lose sight of the importance of making decisions in the best interests of your children. The choices you make now (or the decisions a court makes for you) will affect your child's development, as well as your relationship with them, in a number of crucial ways for years to come.

What Factors Determine the Child's Best Interests?

Although the best interests standard can be hard to define in some situations, some factors are common in this analysis in most custody situations:

  • Wishes of the child (if old enough to capably express a reasonable preference);
  • Mental and physical health of the parents;
  • If a child has special needs, how does each parent take care of those needs;
  • Religion and/or cultural considerations;
  • Need for continuation of stable home environment;
  • Other children whose custody is relevant to this child's custody arrangement;
  • Support and opportunity for interaction with members of extended family of either parent such as grandparents;
  • Interaction and interrelationship with other members of household;
  • Adjustment to school and community;
  • Age and sex of child;
  • Is there a pattern of domestic violence in the home;
  • Parental use of excessive discipline or emotional abuse; and
  • Evidence of parental drug, alcohol or child/sex abuse.

Remember, best interests determinations are generally made by considering a number of factors related to the child's circumstances and the parent or caregiver's circumstances and capacity to parent, with the child's ultimate safety and happiness being the paramount concern.

Find the Right Attorney for Your Child Custody Case

Even though you understand what's in the best interests of your child, ultimately the court will have the final say. The best way to both express your concerns about your child's wellbeing and work within the constraints of the court system is to work with an attorney. If you haven't already lawyered-up, you can get started by searching for an experienced child custody attorney near you.

Next Steps

Contact a qualified child custody attorney to make sure your rights are protected.

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