Key Factors In Deciding Custody Cases – Best Interests of the Child

In cases of child custody, the court's decision focuses on the "best interests" of the child. This is an important consideration whether an out-of-court settlement was reached by both parents and their attorneys or a custody decision is made by a family court. What's involved in determining the best interests of the child? Read on to learn more about how custody decisions are reached on the basis of this approach.

In essence, the best interests of a child means that all discussions and decisions on custody and access regarding the child are made with an ultimate goal: to promote and preserve the safety, physical and mental health, happiness and emotional development of the child. In general, and preferably, it is in the best interests of the child to keep a healthy, close relationship with each parent. However, achieving this kind of relationship with both parents can be difficult in some cases, arising in custody battles and disputes. If you're in the middle of a custody conflict, it is important that you focus on making decisions based on your child's best interest. This will have an impact on the lives of your children and on your future relationship with them.

There is no standard definition regarding the best interests of the child. To have a clearer idea of what it really entails to act in the child's best interests it is useful to know which factors are considered in many custody cases.

The age and sex of the child

Physical and psychological health of parents

If the child is at an appropriate age, his or her wishes will be taken into account

Religious considerations

The relationship with and support of each parent's extended family

Evidence of any alcohol, drug or sexual abuse, of both parents

Emotional abuse or parental discipline

Stability in the home of each parent

The child's adjustment to school and community

The child's wishes regarding their care has an enormous impact throughout the custody case. These preferences can influence the court's decision about who gets custody of the child. However, it still depends on the state where the case is heard. In certain circumstances, some states allow the child to have a say at the custody hearings. In other states, courts have the discretion to determine how much relevance it will put on the child's preferences.

The child must be legally competent to testify in court, meaning he or she has a clear understanding of what the hearings are about and knows the difference between truth and falsehood. When a child testifies in court, the judge does not directly ask the child if he or she wants to live with the father or mother. Instead, the child is asked in a conversational manner to chat about life in school and home.

Often, the courts will appoint an attorney to represent the child. This allows the child to take part in hearings without the undue stresses and tensions of the courtroom.

Custody is a major consideration in any divorce settlement so you must arm yourself with as much information as you possibly can to ensure a fighting chance of gaining good custody arrangements. Get the guidance and help you need to get you through one of the most complicated, most frustrating, and most gut-wrenching periods in your life.

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