The Best Interests Of The Child: What Does That Mean?

This phrase gets thrown around a lot, but it has important meanings when it comes to divorce. It's about the way the family court system views a child in divorce, but it also can affect the way parents approach child custody issues. For some best interests of the child considerations, read on.

It's About the Children 

Divorce can be tough on everyone concerned. From a grandfather fearing a loss of contact with a grandchild to a mother wanting to move to a new city for a job opportunity, child custody can affect many. However, when it comes to how the law sees child custody matters, the way things affect the adults in a child's life is not a big consideration. First and foremost, the welfare of the minor child is considered before that of anyone else.

For the parents being divorced, making sure that the children of the marriage are protected can be a tightrope walk when their own self-interests collide. You might assume that what you want for your child is also what is best for them but that may not always be true. This issue can be especially troublesome when both parents think they know what is best for the child and they don't agree with each other. 

The Fitness of Parents

The best parent for the job of sole custodian goes to the one that can show several qualities to the judge. For instance, the judge will greatly respect the parent who desires to have the child spend lots of time with the other parent. Unless the other parent is a criminal or addicted to substances, this attitude is in line with what the judge considers the best interest of the child. When it appears to the judge that both parents are suitable for having custody or visitation, they may ask for help in determining parental fitness.

Child custody evaluations allow for a deep dive into the parent-child relationship. These evaluators are trained in some aspect of child social work or psychology and are tasked with teasing out the issues that could affect the well-being of the child.

Beware of These Bad Behaviors

Even though divorce and custody matters can be emotionally draining and contentious, be careful how to respond to them. Don't get caught up in things and do any of these:

• Badmouth your ex in front of your children.
• Begin a relationship before the divorce is final.
• Ask the child to make the custody decision. Only in rare instances will the judge involve an older child or teenager in a custody issue.

Find out more about the best interest of your child by speaking to a family lawyer.