Best Interests of the Child: What Does it Mean?
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Best Interests of the Child: What Does it Mean?
Child custody arrangements, when necessary, are among the most challenging parts of finalizing a divorce. The principle, “best interests of the child,” is used to help decide what would best protect the kid’s physical and emotional well-being. Divorcing couples can also arrange a personal parenting agreement that follows this principle.
The principle, “best interests of the child,” is used to assess where the child should live, how often a parent gets to see or visit the child, and other important matters such as education and medical care. Courts have a broad discretion to factor in all relevant circumstances of the case. It could include the parent’s ability to care and provide for the child, the overall health of each parent, and whether they can cooperate with each other.
Approach and Arrangement
Parents can choose to hire a family law attorney for advice on the right approach to child custody and visitation. Laws differ by state and an attorney can help discuss and explain the state’s rules. When divorcing parents cannot agree or decide on who should make decisions for the child, the court will decide for them. In this arrangement, the judge can only consider the child’s best interests when making parenting order.
The Child’s Ultimate Happiness and Safety The evaluation may include the love and emotional ties between the parents, the length of time the child has lived in a satisfactory environment, including the reasonable preferences of the child. Determinations are made by considering different factors associated with the child’s best interest and the parents’ circumstances. The child’s ultimate safety and happiness will always take top priority. Changes in Court Decisions In New York, for instance, the child custody decision may be altered if there is evidence that a change or modification is in the best interest of the child. The court, however, will review all decisions and reports about custody before making a new decision. It is important for divorcing parents to agree on a sensible arrangement for the child’s welfare. A child will surely end up happier if both parents can agree to work together or cooperate regarding most aspects of parenting.
RESOURCES: Resources: http://www.divorceattorneyinlongisland.com/family-law/ http://family.findlaw.com/child-custody/focusing-on-the-bestinterests-of-the-child.html http://www.divorcenet.com/resources/child-custody/child-custodybasics/child-custody-new-york-the-be