October 21, 2022
What Is in the “Best Interest of the Child” – Child Custody
Child custody battles can be long, drawn out, and complex, especially when the parents cannot find common ground to settle their differences. If there’s one thing that must be primarily addressed, however, it’s the best interest of the child.
This is the term used to refer to the main consideration of any child custody or visitation dispute. The court makes a decision based on what they deem to be the environment or context that will be able to provide this for the child or children caught in the middle of the divorce.
If you’re planning to fight for child custody in California, a Sacramento family law attorney can give you the support and legal guidance you need to ensure you can get the desired outcome.
The Concept of Best Interest of the Child
It’s challenging to have a specific list of what constitutes the best interest of the child. It can pertain to many different things, from their emotional bond with the parent, the comfort of living they can enjoy, their access to education, and their relationship with siblings and other relatives.
All of these, and more, will need to be given a thorough look to understand where the child will thrive best. Because of how big the impact of the divorce is going to be on them, the least the courts can do is mitigate this major blow to the stability of their family environment or what will be left of it.
In California, the court recognizes the main considerations when deciding on the children’s legal or physical custody: safety, health, and welfare.
The court recognizes the importance of having both parents remain present in the child’s life as much as possible, especially during their developing years. That’s why the court also looks at the probability that the child can maintain a relationship and contact with the non-custodial parent.
Any history of abuse—whether physical, verbal, or emotional abuse—will be looked at by the courts to protect the child. The parent’s health, financial capacity, and overall welfare will also be examined.
More than anything else, ensuring a safe environment for the child will be at the forefront of determining what is in the best interest of the child.
How To Prove the Best Interest of the Child?
There are many ways how to prove best interest of the child. It can be as simple as keeping a time log of the time spent with the child and the activities the parent does with them during this time.
A journal describing each task the parent does for the child should also help. Whether it’s helping them prepare for school, preparing their meals, arranging playdates, picking up from school and other activities, or taking them to doctor’s appointments, these details can provide relevant insight into how involved parents are in their child’s life.
Getting reliable and credible sources to vouch for the parent’s ability to take care of the child and the bond they have can also help boost the claim for custody. If a child is seen to be otherwise happy and thriving with the parent, the judge may lean more toward this if it means serving the best interests of the child.
The Best Roseville County Family Law Attorney Can Help
Being in a child custody battle is going to be stressful, not only for the parents involved but also for the children themselves. Having a good strategy in the process can help mitigate the impact on the children.
Consult with a Roseville County family law attorney today to get the immediate help you need. The sooner you start the process, the sooner your child may put this behind them and start working towards their healing and growth.