Child Custody: The best interest of the child standard

Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children and chid custody. The ABA has a list of some things to consider..

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;

ABA Child Custody Pro Bono Project

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 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,

ABA Child Custody Pro Bono Project

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 This is not an exhaustive list and is not applied the same in every situation. ABA Child Custody Pro Bono Project