When a former couple shares minor or otherwise dependent children, the family courts make an effort to prioritize the children’s best interests when approving custody arrangements. Understandably – the law is complicated – many parents are not fully familiar with the concept of the “best interests of the child.”
Following this principle, family courts prioritize the children’s physical, psychological and emotional needs above all else. Parents are required to meet their kids’ needs during and after the custody process. Understanding how family courts determine a child’s best interests can help parents navigate custody disputes more effectively.
Child’s age and developmental needs
Family courts understand that children’s needs will depend on their age and will address every child’s developmental needs. Parents with younger children should expect the court to gravitate towards an arrangement that provides a stable and consistent living arrangement. Conversely, the court will likely approve a flexible custody arrangement that allows older children to maintain relationships with both parents.
Parent-child relationships
The quality of the relationship between the child and each parent is another critical factor that family courts consider. Parents should generally expect the judge presiding over their case to favor the parent who has been the primary caregiver when making custody decisions. Furthermore, the court will want to know how involved the other parent has been in the child’s life when making parenting time decisions. Parents can demonstrate that they’re prioritizing their kids’ best interest by consistently being involved in their kids:
- Daily activities
- School performance
- Healthcare decisions
Additionally, the court may evaluate how well each parent supports the child’s relationship with the other parent, as fostering a positive co-parenting environment is usually in the child’s best interest.
Stability of the home environment
Parents should expect family courts to gravitate towards arrangements that minimize disruptions in their children’s lives. Family courts acknowledge that a stable home environment is essential for a child’s development, so judges will look at the living conditions each parent can provide. For example, if one parent’s household is more chaotic or if there are concerns about substance abuse or domestic violence, the court may favor the more stable environment.
In custody cases, family courts strive to create a custody arrangement that best supports a child’s overall well-being. Parents who seek legal support to understand the concept of the “best interests of the child” can better prepare themselves for custody proceedings and work towards a solution that benefits everyone involved.