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Best Interests of the Child

In plain English: the legal standard the court uses to decide allocation of parental responsibilities (custody) and parenting time (visitation). A court examines several factors — the child’s health, education, and needs; each parent’s relationship with the child; the child’s wishes (when appropriate); and stability — to decide what serves the child best.

What it means for you: “best interests” is the lens through which a judge decides practically everything about your kids. Presenting your case through this lens — not “what I want” — is how parenting cases are won.

The statutory factors (in plain English): the wishes of the child (given more weight as they get older), each parent’s wishes, the child’s adjustment to home/school/community, each parent’s mental/physical health, any history of violence or abuse, and the willingness of each parent to support the child’s relationship with the other parent.

Watch out for: the last factor is a trap for the unwary. A parent who bad-mouths the other, withholds the child, or sabotages parenting time can be seen as not supporting the relationship — which cuts against them. Cooperate on the calendar; fight in the filing, not in front of the kid.

Allocation of Parental ResponsibilitiesChild Custody

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  • Home
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    • Janice Dantes
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