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Best Interest of the Child- Explained Further

1/13/2022

 
I discussed the Best Interest of the Child standard in the last article, but I wanted to go a little bit more into what a judge might be looking for. 

The American Bar Association's A Judge's Guide: Making Child-Centered Decisions in Custody Cases identifies different circumstances and questions a judge make look at in deciding best interest. 

Factors for an Infant might include:
  • How can the parent respond to the child's needs in eating, sleeping, and bathing?
  • Has the parent shown capability in supplying basic needs?
  • How is a parent's phyiscal and psychological health?

For an Elementary Aged Child:
  • How is the parent involved in the child's community, school, and religious activities?
  • Does the parent provide the child with time and a place to do homework, as well as provide assistance when needed?
  • Does the parent communite with teachers, coaches, and leaders?

These situations show how parents may be evaluated based on the age and needs of the child. Everything can be very fact specific. When facing custody disagreements, you and your attorney should goes these to best present you argument to the court. Ultimately, you want to show the judge that, while in your possession, the status quo will remain in place for the child, thus ensuring the child's life is disrupted as little as possible. 

    Author

    Michael Diaz
    Family and Criminal Defense Law

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