If you have been involved in a divorce case involving children in family court, one of the common phrases you have probably seen in their decisions is “the best interests of the child.” This standard is most frequently seen in child custody and visitation decisions, where it is considered critical to determining the rights that each parent will have with respect to their children. But what exactly does it mean for something to be in the best interests of the child, and what criteria do they use to determine that?
What Are “the Best Interests of the Child?”
In legal terms, “the best interests of the child” is a broad term that refers to whatever the court believes is best for a child. This obviously includes deciding what is best for their physical well-being, but it also means taking into consideration their psychological health, their socialization, and any potential impact a decision might have on their education. In effect, it is the law saying that a judge should do what is best for a child given their personal circumstances.
What Kinds of Things Does the Court Consider?
Unsurprisingly, one of the foremost factors involved in deciding what is in the best interests of the child is which will be better for caring for them, physically and mentally. This includes keeping children away from abusive or neglectful parents, as well as deciding who is more responsible when it comes to caring for a child’s basic needs. Other considerations include whether living with one parent will be better for their education, whether moving to another parent would disrupt their education, and even the personal preferences of the child themselves, if they are old enough to describe such a preference.
What if There Are Multiple Children Involved in a Divorce?
When there are multiple children involved in a divorce, the decision of what is in the best interests of the child will be made independently for each child. Of course, there is value placed on keeping children from the same family together, but sometimes the court will decide it is better to split custody between the parents. Ultimately, every family’s situation is unique, and even within the same family, the judgment of what is in a child’s best interests can vary wildly.
How Can This Affect Your Case?
If you are involved in a divorce case, or you are planning to file a divorce, and you have minor children from your marriage, then you will likely need to argue about what is in your own children’s best interests. When that happens, it will be important to have a lawyer with experience handling family law matters to help you. That is why you should contact a family law attorney as soon as possible, to discuss your case and create a legal strategy that helps to protect you and your children.
If you have questions regarding child custody or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702 or visit our contact page.
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