If you are a parent going through a divorce, you may be wondering what factors the court will consider when making decisions about your child’s custody arrangement. In general, courts will always prioritize the “best interests of the child” when making custody decisions.
But what does that mean? Keep reading to learn more about the best interests of the child standard and how you can prove it in court.
What Is The ‘Best Interest Of The Child’ Standard?
The best interests of the child standard is a legal principle that is meant to guide family law courts when making decisions about child custody arrangements. When making custody decisions, courts will always prioritize the best interests of the child over anything else.
So, what factors does the court look at when determining what is in the best interests of the child? The answer may vary depending on which state you live in, but some common factors are usually considered. These common factors include:
- The child’s age
- The child’s health
- The child’s relationship with each parent
- Each parent’s work schedule
- The distance between each parent’s home
- Each parent’s ability to provide for the child emotionally and financially
- Any history of drug use or domestic violence by either parent
- The preferences of the child, if the child is old enough to express a preference
- The stability of each household
Courts will also take into account any unique circumstances that may impact the child’s best interests. For example, if one parent has a chronic illness or lives far away from extended family, those factors may be taken into consideration when making custody decisions.
The Best Interest Of The Child Standard In Court
If you are going through a divorce and want to ensure that your children are placed in your custody, you will need to prove to the court that it is in their best interest to do so. To do this, you will need to provide evidence that demonstrates why it is in your children’s best interest to live with you.
This might include things like witness testimony, expert reports, and character references. You should also be prepared to address any concerns that the other parent may have about your ability to care for your children.
Remember, courts always prioritize the best interests of the child when making custody decisions, so if you can prove that it is in your children’s best interest to live with you, then you stand a good chance of being awarded primary custody.
If you are in Family Court on a Child abuse or neglect matter, no doubt CPS is involved. This can make things really complicated.
Speak with an experienced family law attorney for more help proving the best interests of your child in court.
Final words
If you are going through a divorce and want to ensure that your children are placed in your custody, you need to focus on proving that it is in their best interest to do so.
To make your case, provide evidence that indicates why living with you would be better for them than living with their other parent.
Factors like witness testimony, expert reports, and character references can all help demonstrate why it would be better for your children if they lived with you full-time.
Speak with an experienced family law attorney for more help proving the best interests of your child in court.
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