What is “Best Interest of the Child?”

Feb 01

In divorce cases when child custody is determined, the primary question is the “best interest of the child.” There are different factors used to determine what is in the child’s best interest, all of which affect the outcome of a child custody battle.

The website of Marshall and Taylor, PLLC, a divorce law firm, indicates that the top priority of divorce cases is often serving the child or children. There are two types of child custody: physical and legal. Physical custody is the right of the parent to spend time with their child, while legal custody is the right of the parent to make important decisions for them. The best interest of the child is considered win each of these instances, which can make cases can be messy and intricate.

Factors when determining best interest differ from state to state. However, commonalities are where the child will have a stable environment, physical and mental health of the parents and ability of the parent to support the child. The website of law firm Alexander and Associates stresses the importance of considering educational and medical needs as well, because numerous children involved in these cases cannot yet make the decisions themselves.

The results of divorce cases can very greatly depending on the specific situation and circumstances. These cases can result in joint custody, sole custody, or visitation rights. It is up to the court to determine the specific arrangements of child custody in divorce cases after consideration of these “best interest” factors. If you need help to fight for or protect your child, get in touch with a divorce lawyer that practices in the field of child custody.

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