Best Interests of the Child
The legal standard used by courts to make all custody and visitation decisions. The child's wellbeing takes priority over both parents' preferences.
Understanding Best Interests of the Child
When determining custody, courts evaluate numerous factors under the best interests standard: each parent's relationship with the child, stability of each home, the child's adjustment to school and community, physical and mental health of all parties, any history of abuse or domestic violence, and sometimes the child's own preference (depending on age). This standard is intentionally broad, giving judges significant discretion. Courts aim to maximize the child's emotional, physical, and developmental wellbeing above all else.
Real-World Examples
The court awards primary custody to the mother, finding it is in the best interests of the child to remain in the family home near their school and friends.
Related Terms
The legal arrangement determining which parent a child lives with (physical custody) and who makes major life decisions for the child (legal custody) after divorce.
Child AdvocateA person — typically an attorney, guardian ad litem, or CASA volunteer — appointed to represent a child's interests in divorce or custody proceedings.
CASA (Court Appointed Special Advocate)A trained volunteer appointed by the court to advocate for the best interests of a child in custody or abuse/neglect cases.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.