Child Custody And The Best Interest Of The Child

One of the most difficult aspects of divorce are issues pertaining to children. Child custody, visitation and support disagreements are often emotionally-charged and contentious. If you and your spouse cannot agree on the important issue of child custody, you may find your divorce proceedings grinding to a halt, since child support and visitation arrangements hinge on who gets physical or legal custody. Family court judges are charged with the responsibility of using the credo "the best interest of the child" in disputed custody cases, so knowing what this means will help you to be prepared for this part of your divorce process. Read on to learn more about how judges determine what the best interest of the child really means.

Relationships

Family courts like to see parents who seek to foster a healthy relationship between the child and the other parent, since this is almost always in step with the best interest of the child. Barring the unfortunate instances of abuse or other indicators of parental unfitness, parents are expected to not only agree to, but to encourage a good parent-child relationship. Needless to say, parents who resort to manipulation, name-calling, bad-mouthing and drama will win few favors with the court.

Gender

In times past, babies and younger children were often placed routinely with the mother. Now that both fathers and mothers take part in the upbringing of children, and gender stereotypes about the mother being the best primary caregiver for children have somewhat declined, gender may not be as much of an issue as in the past. That being said, while parent gender shouldn't be an issue when deciding custody, the tendency to assign the mother as the custodial parent persists.

Living Environment

The family courts understand just how disruptive divorce can be on its most innocent parties, so the parent who is awarded the family home may be more likely to get physical custody of the minor child. Children who are allowed to remain in a stable home environment may feel more secure and weather the divorce better. If the family home is not at play, such as when both parents are moving to a new location, it will benefit the parent seeking custody to pay close attention to the safety and appropriateness of the new living arrangements.

The Child's Preference

States vary in their approach to taking the wishes of the child into account, with many states allowing older children to decide. Often, the family courts rely on the evaluation and opinion of mental health experts who are specially trained in interviewing families to help them decide on child custody matters. These experts, called evaluators, use play therapy and interview key people in the child's life to help them make the decision, such as the parents, teachers, doctors and other family members.

Consult a law group like Ritter & LeClere APC Attorneys At Law for more information.