Best Interests of the Child

Best Interests of the Child

Best Interests of the Child

Statutes enumerate factors including each parent's relationship with the child, stability, the child's adjustment, parental cooperation, and any history of violence or substance abuse. Courts weigh factors without a fixed formula.

The child's preference carries weight at varying ages.

Alternative Names:

Best Interest Standard|Child's Best Interests

Why it Matters?

The discretionary weighting means appellate reversal is rare, since a trial court considering the statutory factors and articulating reasons is reviewed deferentially regardless of whether another judge would weigh them differently. Building a record on each enumerated factor is accordingly more productive than emphasizing one theme. Willingness to support the other parent's relationship is a factor courts weight heavily and litigants frequently undermine.

Frequently Confused with

Related terms

Frequently asked questions

Why is appellate reversal rare?

Why is appellate reversal rare?

Because discretionary weighting is reviewed deferentially where the court considered the factors and articulated reasons.

Which factor do litigants undermine?

Which factor do litigants undermine?

Willingness to support the other parent's relationship, which courts weight heavily and adversarial conduct damages.