Best Interests of the Child Factors

The best interests of the child is the standard by which courts follow in making custody determinations. Although this standard has been in place for close to thirty years, courts still grapple with it in attempting to make the best custody decision since the effect of custody placement on a child is so central to the child's development. Where a dispute involves the custody of multiple children, courts try to avoid splitting up siblings but may do so where required. Courts also will not split up children from their extended family, depending on the role it plays in their lives. For example, the presence of aunts, uncles, and grandparents may fill a void in the child’s life which would otherwise arise due to the divorce.

As such, since a custody decision could also affect lives other than the child's, courts take a "big picture" view of a child's best interest by viewing a series of factors. The various factors that are generally considered are the following:

1. The fitness of the parents
2. The character and reputation of the parents
3. The natural parents’ desires based on any agreements between them

4. The possibility of maintaining natural family relations.
5. The child(ren)’s preference if old enough and able to make a rational judgment.

6. Material opportunities that will affect the child’s future life

7. The age, health, and sex of the child

8. Where each parent lives and the feasibility of the non-custodial parent visiting

9. Amount of time the child has been separated from the natural parent who is seeking custody

10. The impact of a prior voluntary abandonment or surrender of custody

Further, where the parents are seeking joint physical/legal custody, there are additional factors considered by the court although in most cases these factors are analyzed together with the factors that are considered for the “best interests of the child” standard. These factors include, but are not limited to:

1. The willingness of each parent to share custody (including whether the parents can communicate together).

2. Psychological and physical health of each parent

3. The bond of the child to each parent

4. The effect shared physical custody will have on the child’s social and school life

5. The geographic proximity of the parents’ homes

6. The demands of each parent’s employment

7. The number of children involved and their ages

8. The motive behind the parents’ request

9. Financial status of the parents

10. Impact on state or federal assistance

11. Benefit to parents

Child custody issues:

• Child Custody
• Best interest of the child
• Modification of child custody orders
• Third Party Custody Arrangements
• Visitation
• Frequently Asked Questions