subject: Find out What Is in the Best Interest of the Child in a Child Custody Case [print this page] Find out What Is in the Best Interest of the Child in a Child Custody Case
With so many marriages today ending in divorce how the children will be raised is an issue that courts must face each day. Most jurisdictions usually look at what is best for the child or children. They usually consider two factors when making their decisions. First they decide on physical custody, that is where they decide where the child will physically live and then they will rule on legal custody. Legal custody is who will make the decisions that are important concerning the child's well being. Each of these factors have an entirely different set of standards.
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The court will start by looking at the fitness of each parent as to their physical and psychological capabilities.
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The court takes into consideration who has been the primary care giver. They look at who has been caring for the child, feeding them, bathing them, shopping for them, arranging the child's day care and most important who the child turns to when they need help.
Courts do put a great deal of weight to previous agreements, but want to make sure they are in the best interest of the child. The court wants to make sure that any agreement made will foster good family relationships and that both parties will try to maintain these relationships always putting the best interest of the child first.
The court will look at preference of the child but will also take into consideration the maturity level of the child. Many courts hire an attorney to represent what seems to be In the best interest of the child.
The financial resources of both parents are taken into consideration, but that does not mean that the parent with the most money will necessarily get custody. Many other factors are taken into consideration. The age of the child, the gender of the child and and the health and any other special needs the child may have.
How far the parents live from each other will play an important role in physical custody. If parents live close it will be handled one way but if the parents live further apart the court 2ill look at the situation in a different way. Allowing longer visits less frequently for the parent who lives further away. The court also looks at the length of time a parent has been separated from the child and if either parent has even abandoned the child.
The courts usually look favorably to some form of joint custody if the child is agreeable to such a situation. If parents can agree what is best for the children at all times and agree how to best accomplish such a program the courts will look favorable on such an agreement. If you are in the process of getting divorced and have children, the most important thing to keep in mind is that your children must always come first.
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