Best Interest Of The Child Standard
To determine how not to behave during this process it is helpful to review the criteria used by the judge (“court”) to determine the appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.
The divorce process is usually very difficult and trying for anyone experiencing it. These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. Below are some of the factors judges consider when making a child custody determination along with the most common mistakes made by men during custody battles. Some of the considerations include but are not limited to:
1) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relevant thereto;
2) the desires of the parents as to residence-agreements reached by the parents and submitted to the court are usually presumed to be in the child’s best interest;
3) the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
4) the child’s adjustment to the child’s home, school, and community;
5) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
6) any evidence or allegation of spousal abuse;
7) any evidence or allegation of child abuse on this or any other child;
8) whether either parent is required to register as a sex offender;
9) whether a parent is residing with a person who is required to register as a sex offender;
10) whether a parent has been convicted of abuse of a child;
11) whether a parent is residing with a person who has been convicted of abuse of a child
If, upon looking at all of these factors, a court cannot decide what is in the best interests of the child, courts normally tend to look closely at which parent would most likely provide the child with a stable household. This can vary depending on the child’s age. If the child is young, custody may go to the primary caregiver. However, if the child is older, custody may be awarded to the parent that is better situated to provide the child with access to education, friends, and social development.
As a parent, it can be difficult to determine whether you really need to hire good, qualified child custody lawyers, particularly when the cost is a factor. Essentially, what you must remember that the ultimate goal of a child custody hearing is to serve the best interests of the child by determining the most appropriate child custody arrangement. If you need an experienced child custody lawyer, you can rest assured we will fight for and help you move towards the future.
