The Best Interests Standard

When a court is forced to make a decision on child custody, they primary focus of the court is to establish and arrangement that is in the best interest of the children. In making this decision, the court will often refer to a list of factors that are to be considered prior to making the final custody order. This list of factors does vary from state-to-state, but most states address the following:

(1) The realtionship each parent has had with the child;

(2) The ability each parent has to provide for the child on a daily basis;

(3) The current and future housing arrangement;

(4) The willingness of each parent to cooperate with the other to allow for an ongoing relationship with both parents;

(5) Any evidence of abuse;

(6) The age of the child;

(7) The child’s wishes;

(8) The education of the child;

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