This standard is designed to protect a child`s mental, emotional and physical well-being and ensure that their parents are able to provide the best possible education. It applies whether the judge makes the final decision or the parents enter into a custody agreement. To avoid unforeseen complications or surprises in the custody or visitation order, it is important to work with a family law lawyer at Quest Law PLLC as soon as possible. Stephen Bloomquest will discuss your options with you, help you gather the necessary evidence, and work hard to help you achieve your goals. Together, we can look at all the factors that can influence what is in your child`s best interests, and we can work to convince the court of what should happen to your child or children. The «risk of child abuse» is the main consideration when deciding on the best interests of the child. A child should be free from abuse. Evidence that the risk of child abuse is greater if the child is in the care of a particular person makes it less likely that the court will transfer custody to that person. Sometimes the court assigns limited visits or orders other protective measures such as supervised visits. Will the court let the child choose? No.
However, the court may consider the «reasonable preference of the child» if it considers that the child is old enough to express a preference. This means that the court can consider the child`s choice if it decides that the child is old enough to make a choice. There is no «legal age» at which a child can make a custody choice. A child should have access to food and clothing. Parents should provide medical care when necessary. Evidence that a parent is unable or unwilling to provide the child with food or clothing, or to take the child to the doctor if necessary, will be weighed against that parent in the court`s custody decision. If the court finds that one parent is more in the best interests of the child than the other, that parent will most likely become the custodial parent. This designation often implies the right to have the majority of parental time and to receive family allowances. The court will consider «the ability and readiness of each party to provide the child with food, clothing, medical care and other material needs.» The ability is not limited to whether the parent can afford to buy these things. A parent may have the opportunity to buy them, but not the willingness to do so. It is important to remember that these factors are more serious if they have a greater potential to negatively affect the child`s life. If the people who live in the child`s home are not part of the family, these people are more likely to disrupt the child`s life.
You can prove this by showing that you have enrolled your child in school, that you are involved in their education and upbringing, that you have participated in extracurricular activities, and that you have made other parenting decisions that show an interest in caring for your child. You need strong evidence to prove that you are the parent who can best serve your child`s best interests. Consider the following 10 ways to prove your case. Show the dish how well you know your child. This could mean that they know their favorite color, what foods they like to eat, what extracurricular activities they are involved in, etc. Bring crafts they`ve done for you, or photos as proof to show how close you are. Read the Child Welfare Information Gateway on how states determine the best interests of the child for a more in-depth look at state-specific standards. The court will take greater account of the child`s preference if the choice is appropriate. In other words, the child must be able to explain why he or she would prefer a particular custody arrangement. The law does not allow custody orders to control a parent`s lifestyle or choices.
However, some factors take into account the lifestyle of the parents and how it affects the child`s environment. The courts consider whether a party`s moral fitness (or incapacity) has a negative effect on the child. A child may be affected by behaviors they see, hear or observe. They can also be affected by the unintended consequences of a party`s behavior. A move may or may not be in your child`s best interests. For example, the judge will usually reject a move request if he or she believes that the parent making the request is attempting to deny or restrict the other parent`s access. If you have an argument about your child`s custody and visiting time with the other parent, it is important that you consider the best interests of the child. You should always think about what is best for your child instead of thinking about what is best for you.
Unless there has been a history of domestic violence or child abuse by your ex, or any other issue that could threaten your child with emotional, mental or physical harm, it is probably in your child`s best interests to be able to spend enough time with you and your child`s other parent. Many studies have shown that children grow up to be better adapted when they are able to build close and loving relationships with both parents. Nor is this Court limited to the elements listed. A court may consider all factors relevant to the child`s life in its decision. Help the dish focus on the ingredients your child needs to do their best! After reading the law described above, you can be sure that the custody or access agreement for the child you are looking for is in the best interests of your child. However, determining what is in a child`s best interests can be more complicated than you think, especially if both parents and the child are not on the same side. In addition, circumstances may change as your child grows and the lives of their parents change. Therefore, what is in the best interests of a child at any given time may not be in the best interests forever. The law requires minor children to attend school in most situations. A parent has a duty to ensure that the child goes to school or completes homeschooling or virtual tasks. You can show the judge that you care about your child`s well-being by showing that you have been actively involved in their life and that you have taken care of yourself with care and love. The court will consider «the willingness and ability of each party to facilitate and promote a close and lasting relationship between the child and the other party.» Basically, each parent should encourage the child to establish a relationship with the other parent in most cases.
If the child «doesn`t want to leave,» it`s the parents` responsibility to help the child understand why it`s important to spend time with the other party. Almost all courts base their custody decisions on the best interests of the child.