When it comes to child custody cases, the law, the judges and the court have one priority: The child’s best interest. The concept of ‘best interest’ is open to subjective interpretation but certain factors invariably influence child custody cases. In fact, even out of the court settlements should have an overriding focus on the child’s best interests.
What it means?
In family law, any custody related arrangement for the future of the child is focused on fostering the child’s happiness, security, mental and emotional development. The child should be encouraged towards growing as a proper young adult and everything that would lead to this is in the child’s best interest. Not only a child’s proper development, but also their relationship with parents needs to be maintained.
Things to consider
When resolving a child custody dispute, a lot of factors come into play which have long-term effects on everybody involved. As a parent you should consider certain factors that works towards your child’s best interests:
1. Consider the age of your child. Nursing children and toddlers need their mother as the primary caregiver and should remain with them.
If the child is old enough to express a preference reasonably, take it into account because the court surely will.
2. Speculate on your parenting ability. Evaluate your mental and physical health towards providing a stable home environment and scope for proper development. The court will take into account any incident related to abuse or neglect in the past from either parent.
It is always the court’s best interest to protect the child from any physical or psychological harm or from being subjected to, or exposed to, abuse, neglect or any form of family violence.
3. Evaluate on the possibility of support and the opportunities of interactions with other members of the family. For example, can extended support from grandparents, interactions with cousins, etc. differ with each parent?
4. In deciding custody, determine which arrangement will be best suited for the child to seamlessly adjust within the community and in school. A change in environment can greatly impact a child’s emotional and mental health as they need to adjust to their new surroundings again in order to fit in.
For example, when the child is transferred to a new school, it could take a lot of time for them to adjust and get along with the new people around them. Especially if they have developed a special bond with their friends from their former school.
5. Take into account the cultural or religious considerations in case of different beliefs of either parent.
Again, if the child is old enough to express their preference on the matter, it will be another factor that the court will surely consider.
6. The capacity of each parent to provide for the needs of the child may it be financial, emotional, and intellectual needs. It is also one of the major factors that the court will definitely look into when deciding on what is best for your child.
7. Consistency in a child’s routine is often a key concern for courts. It should be yours as well. Disruption of living arrangements, school routines and extended family access can negatively impact a child’s emotional health and coping mechanism.
In the best interest of your child, be ready to abide by all custody agreements and visiting rights. Nurturing your child should be your prime interest. Your willingness to work out arrangements with the other parent can count in your favor in the court. Also, engaging a family and divorce lawyer will greatly help you in this difficult transition.
Get the best counsel
Your child’s best interests will always be paramount in your mind but it is the court that has the final say. In these cases, it is important that you have the best legal recourse, to express your standpoint properly. It always helps to work with people who are knowledgeable and possesses a deeper understanding of the legal language. There is a lot of reputable family lawyers online that you can consult if you are looking for experienced and skilled legal representatives dealing with divorce and child custody disputes. If both parents are able to reach an agreement, family lawyers can also help document the agreement and discuss the matter to both parties involved in a clear and detailed manner.
