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What is the best interest of the child?

On Behalf of | Feb 27, 2023 | Child Custody and Visitation

When making decisions about child custody matters, the court will always look at what is in the best interests of the child. This may not align with what you think is the right thing for your children.

The law outlines what “best interests” means and how the court is to assess it.

Child factors

The court will consider several factors concerning the child, such as age. It will also look at the physical and mental health of the child, along with any developmental needs. The needs of the child with respect to the family, such as relationships with extended members and siblings, may play a role, as well. If the court determines the child has the mental capacity, it will take into consideration his or her desires.

Family factors

The court will also evaluate certain factors concerning the family. These include the relationship between each parent and the child, the support each parent gives the child and the involvement of each parent in raising the child. The judge will give weight to any issues involving abuse or violence and will consider the age and mental abilities of each parent. The willingness of each parent to maintain contact with the children and encourage relationships with the other parent will likely also impact any court decision.

The judge can use any other factor he or she sees fit in making custody determinations. The bottom line is the judge wants to put the children in a situation where they get the love, support and care they need to thrive.


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