Best Interest of the Child with a disability

The factors involved are different for each hearing. According to the ABA Child Custody Pro Bono Project

In applying the best interest of the child standard, consider the following factors:

The age of the child;

The relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare;

The preference of the child, if old enough to express a meaningful preference;

The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;

The stability of any proposed living arrangements for the child;

The motivation of the parties involved and their capacities to give the child love, affection and guidance;

The child's adjustment to the child's present home, school and community;

The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access;

The capacity of each parent to cooperate or to learn to cooperate in child care;

Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods;

The effect on the child if one parent has sole authority over the child's upbringing;

The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects:

The child emotionally; and

The safety of the child;

The existence of any history of child abuse by a parent;

All other factors having a reasonable bearing on the physical and psychological well-being of the child;

A parent's prior willful misuse of the protection from abuse process in chapter 101 in order to gain tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child. Such willful misuse may only be considered if established by clear and convincing evidence, and if it is further found by clear and convincing evidence that in the particular circumstances of the parents and child, that willful misuse tends to show that the acting parent will in the future have a lessened ability and willingness to cooperate and work with the other parent in their shared responsibilities for the child. The court shall articulate findings of fact whenever relying upon this factor as part of its determination of a child's best interest. The voluntary dismissal of a protection from abuse petition may not, taken alone, be treated as evidence of the willful misuse of the protection from abuse process;

If the child is under one year of age, whether the child is being breast-fed; and

The existence of a parent's conviction for a sex offense or a sexually violent offense

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This is not an exhaustive list and is not applied the same in every situation.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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