How Courts Decide Best Interest of the Child

When parents have a family dispute they cannot settle, it may be up to the court to decide. When the family court decides on behalf of a child’s well-being, the court’s decision is based largely on the “best interests of the child” standard.

Family law is different in every state. If you have questions about what your family court considers in custody decisions, talk to an experienced child custody lawyer for legal advice.

What Is a Child’s Best Interest?

In family law disputes, the court generally doesn’t grant one parent a win and the other parent a loss. Instead, the court considers the best interests of a child. The child’s best interests standard looks at the options and tries to provide the best outcome for the child’s short-term and long-term needs.

The best interest standard isn’t just what the child wants. However, the court can consider the child’s preferences, especially for older children. Best interests also are not based on a set formula but on a case-by-case basis. Each child is different, and each child’s needs are different.

The court can also appoint a child advocate to act on behalf of the child in family law disputes. An attorney can represent the child if the court considers it in the child’s best interests. The court can also appoint a guardian ad litem to represent the best interests of a child in court.

When Does the Family Court Decide Best Interests of the Child?

Many family court legal issues involve a child. Anytime a child is involved, the court has to consider the child’s needs. A child isn’t old enough to legally make most decisions for themselves. Until the child becomes an adult, someone else has the legal authority to make decisions for them.

Some of the types of cases where the court will consider a child’s interests include:

• Custody disputes and visitation
• Child support
• Guardianship
• Protection orders
• Juvenile matters
• Adoption
• Terminating parental rights

Child Custody Arrangements

The most common family law issues come up with child custody. When parents separate or get a divorce, they have to decide how to share or divide legal and physical custody. Legal custody is for decision-making power for the child. Physical custody involves where the child lives and spends their time.

Courts generally prefer shared and joint custody. However, if the child spends most of the time with one parent, that parent may have primary custody as the custodial parent. The non-custodial parent will usually have visitation rights based on a parenting plan.

When parents can agree on a custody matter, the court may decide how to handle custody of the children. The court can consider the requests of the parents and a list of factors. However, the decision for awarding custody is generally based on the child’s best interests factors.

Factors in a Child’s Best Interest Decision

There are many factors the family court may consider when deciding a child’s best interests. Relevant factors can depend on the child’s age, special needs, and child’s safety. For example, in a child custody case, the court may consider:

• How a parent will allow continuing contact with the other parent
• Past domestic violence or child abuse by a household member
• Parental duties of each parent
• Need for stability in the child’s education and community life
• Child’s wishes
• Relationship with other siblings
• History of substance abuse
• Availability of childcare
• Mental and physical health conditions

How Can a Child Custody Lawyer Help?

Dealing with the family court can be frustrating, especially when the other parent isn’t cooperating. A child custody lawyer can help you understand what to expect and how you can prepare for a child custody case. Your lawyer can also encourage you to come up with child custody options that both parents can agree with, so it isn’t up to a judge to decide.

If you want to make sure you get enough time with your child, you should understand what the court is looking for in making child custody decisions. An experienced family law attorney can help prepare you for court and represent your needs in a child custody dispute. Contact a local child custody attorney to talk about your legal options.