What Are the “best interests of a child?”
The term "best interests of the child" is often used in family law and child-related cases. It is a term that encompasses a variety of factors, including:
- The age of the child: Although this has been given less weight in recent years, there are some situations in which a child's age may factor into a custody decision. For example, if a baby is still nursing and solely dependent on the mother for care, this would be given much consideration.
- The parent's living situation: When a parent moves out of the family home, it could harm their chances of obtaining custody. For example, if you are staying with a friend, living in a hotel, or moving relatively far away, you would likely need to reestablish a living situation that is more child friendly if you are pursuing custody or visitation rights.
- The parent's relationship with the children: Although it is common for the court to encourage parents to be more present in their children's lives, judges often consider the relationship before parents file for divorce as a baseline. If you were always very involved in the lives of your children, you would have a better chance of obtaining custody.
- The preferences of the child: If your children are older (age 12 or older), the judge may privately ask them what their preference is. Although the child's preference may be considered, a judge will ultimately choose the parent who could provide better care.
- Stability: Family courts believe stability is essential for children. In many cases, the parent who can best maintain consistency and stability during and after the divorce would likely have an advantage.
If there is evidence that a parent abused or neglected their children, a judge will likely significantly limit the children's contact with that parent.
