In modern divorce courts, you often hear about how the court is going to focus on the child’s best interests. This includes things like happiness, emotional development, mental health and security. When the court makes a decision, such as determining who has custody of the child, they want to make the decision that puts the child’s best interests first.
Naturally, what parents will often ask is what the child’s best interests even are, at least in the eyes of the court. Let’s look at some of the factors that the court may consider.
The child’s wishes
Generally, the court will only ask the child what they would like if they are old enough to express those wishes and to understand the situation. If they are, their wishes are not necessarily going to be granted, but they will be considered along with the other factors.
Next, the court is going to look at the child’s unique and inherent qualities. The age and gender of the children may be considered, for example. The court may also consider if the child has any special needs that must be met, or they may look at cultural and religious considerations.
Life and stability
Additionally, the court just wants to create a stable life for the child. They may consider things like the community where the child lives, their proximity to their school, the friends they may have in the neighborhood or where extended family members live.
If you’re getting divorced, it is also important to consider your child’s best interests to make sure that this lines up with what the court is trying to accomplish. Make sure you know about all of your legal options.