What Determines the "Best Interests of the Child?"
Posted on Nov 10, 2015 2:25pm PST
In
child custody and
visitation cases, couples are encouraged to reach an agreement on how the child will
divide his/her time, with whom the child will live, and other issues regarding
the child's upbringing. If couples are unable to agree on custody
and visitation matters, then the courts will make a final decision regarding
the living situation of a minor.
In each one of these case types, the decision is made by a judge with the
“best interests of the child” in mind. In other words, the
ruling will be made in an effort to foster and encouraging a child’s
happiness, mental health, and safety. This term encompasses a wide variety
of different factors that all come together to influence a child’s
wellbeing.
Factors That Affect the "Best Interests of a Child"
When determining living and visitation arrangements for children, the courts
will conduct a thorough investigation into their current living environment
and make a determination regarding what would best contribute to their
growth and security.
The following factors all determine a child’s best interests:
- A child’s wishes
- The parents’ mental and physical health
- A child’s special needs
- Stability of home environment
- Custody of siblings
- A child’s age and gender
- The presence of abuse
- Level of cooperation between parents
- Child's relationships with each parent
- Living situation of each home
It is important to note, however, that some of these factors are more powerful
than others. For example, a child could have a strong relationship with
a drug-abusing parent, but if the parent’s behavior is deemed harmful
to the child’s development, it is likely that custody would be granted
to the other parent. Additionally, a child’s wishes are only applicable
if they are old enough to express a reasonable preference. The decision
ultimately comes down to what would be best for the child's safety
and well-being. If you want to improve your chances of getting custody,
try to establish a stable home environment and do your best to be involved
in your child's life
Retain Trusted Counsel from Arnold Law Group, APC
If you are in the middle of a
divorce
or custody battle, an experienced Fresno divorce attorney from Arnold
Law Group, APC can represent your interests in a court of law and help
you fight to keep your children. With more than 30 years of dedicated
family law
experience and an unshakable commitment to excellence, our skilled legal
professionals can help maximize your chances of securing a desirable outcome
for your family situation. To get started,
request a consultation
or call our office today at (559) 900-1263.