Insights Into How Our Legal System Works

What Is In The Best Interest Of The Child?

21 April 2021 by Yolanda Lane

When you go to family court, one of the key terms you hear will be "the best interest of the child." It is important for those involved in family law to consider the best interest of the child when custody and support decisions are made.

Are you ready to pursue child custody? These are some of the factors involved in making the decisions.

The Child's Wishes

One of the first considerations will be the wishes of the child. While the child will not get everything they want, it is important to consider the child's wishes. The judge may ask the child what they want.

The Wishes of the Parents

The parents will also be considered. For example, one parent may claim that they want their child to stay full-time with the other parent because they work long hours.

Child's Relationships with Siblings

A child who has a strong relationship with step-siblings or half-siblings may want to maintain this relationship. Therefore, it may be in the child's best interest to spend more time with the parent who has other children in the home.

Mental and Physical Health of Parents

The health of the parents will also make a difference in the case. For example, one parent may have mental health issues that impact their ability to provide a safe home for the child. The same can apply to the physical health of one or both parents.

Domestic Violence

If one party has a history of violence in the home, they may not be granted custody. They may instead be ordered to have supervised visitation.

Openness of Each Parent to Co-Parenting

If one parent is less open to co-parenting than the other, they may not receive the majority of the custody. The court wants to ensure that the child will have access to both parents if they are safe.

Parental Employment

In some cases, one parent works full-time and the other does not. This means that the unemployed parent may receive custody because they have more time to parent.

Disruption of Social and Academic Life

It is not in the best interest of the child to have to switch schools in many cases. The judge may want to ensure that the child can stay in the same school with their friends if possible.

Family Law Professionals Can Help

If you are pursuing a custody case, you should have family law professionals on your side. A professional can help you understand this term and ensure that you have the representation you need.

For more information, contact a local family law firm.

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