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How Do Courts Determine the Best Interest of a Child?
When parents go through a divorce, child custody must be addressed. The court will decide if you and your spouse cannot agree on custody and parenting time. The courts base their decisions on the best interest of the child stand, refraining from favoring either parent. This standard applies whether the judge makes the final decision or parents reach an agreement on their own. Thus, it’s crucial to understand the factors the court considers when determining custody. With your legal right to spend time with your child and play an active role in their upbringing on the line, it’s in your best interest to contact a determined Ocean County Child Custody Attorney who can fight for your family.
What is the “Best Interest of the Child” Standard?
In all custody proceedings, the court must judge based on the “best interests” of the children involved. This legal standard protects a child’s mental, emotional, and physical well-being. Instead of prioritizing what the parents want, the court ensures their parents are fit to provide them with the best possible upbringing. Essentially, it considers the child’s needs and who is best suited to meet those needs. If the judge deems a parent unfit to be alone with the child, the court will most likely grant sole physical custody to the other parent, and they may be subject to supervised visitation.
Nevertheless, it is essential to understand that the courts generally assume it’s in a child’s best interest to have frequent and continuing contact with both parents. The court will explore the following factors and adjust the schedule accordingly:
- The age and number of children involved
- The needs of the children
- The fitness of the parents
- The stability of the home environment offered
- The quality and continuity of the child’s education
- The geographical proximity of the parent’s homes
- The relationship of the child with both parents
- The quality of time spent before and after the separation
- The parent’s employment responsibilities and lifestyle
- Any history of domestic violence, abuse, neglect, or abandonment
- The child’s parental preference (if sufficient age and maturity)
- Any other relevant factors
It’s important to understand that some of these factors will weigh more heavily on the court’s decision. Similarly, the court will not base its decision on a single factor. That said, you shouldn’t assume that everything will work out fine. It’s crucial to be aware of the factors the court will consider to ensure you take the necessary steps to ensure you are the parent who can serve your child’s best interest.
At the Law Office of Sarina Gianna, LLC, we are prepared to help you safeguard your child’s best interests while upholding parental rights. If you are facing a custody battle, please don’t hesitate to contact our dedicated legal team, who can effectively guide you through each step of this complex legal process. Contact our firm today to schedule a consultation to discuss your case.
