September 15, 2022

Understanding "The Best Interests of the Child" in Child Custody and Visitation Cases

The term "the best interests of the child" is often used in child custody cases. It refers to all your child's needs that will affect their short- and long-term well-being. The needs of each child are different, so the interpretation of what this term means is left open. Factors that are usually considered when determining the best interests of the child include their physical and emotional health, their relationships with their parents and siblings, their ability to feel comfortable in their home, their educational needs, and their religious or cultural upbringing. While no one can predict the future, courts try to make custody decisions that will provide stability and security for children.

What factors are considered?

The best interests of the child standard is a guiding principle used by family law courts to make custody and visitation decisions. The standard is flexible so that it can be applied on a case-by-case basis, taking into account each family's unique circumstances. Some factors that may be considered in determining the best interests of a child include:

• The desires of the child

• The emotional and physical need of the child now and in the future;

• The parental abilities of the individual seeking custody;

• The stability of the home or proposed placement

• The child's physical and emotional health

• Which parent is more likely to allow the child or children frequent and continuing contact with the non-custodial parent

• Any history of violence or substance abuse with either parent

• Any special needs of the child

• The preference of the child, if they are old enough to express a preference.

The courts consider these as well as other factors when determining a child's best interests, but ultimately, the goal is to make a custody decision that will allow the child to have a happy, healthy, and safe life.

It is generally seen as being in the child's best interests to maintain relationships with both parents. This means that the court will try to award joint custody or visitation rights to each parent whenever possible, but there are some instances in which joint custody would not be in the child's best interests. For example, if one parent has a history of neglect or abuse, if there are substance abuse issues involved, or if the parent is physically unable to care for the child on their own.

Tulsa Child Custody Attorneys

When it comes to child custody, there is no one-size-fits-all solution. Every family is different, and what works for one may not work for another. That's why it's so important to have an experienced attorney on your side who can help you navigate the complexities of the legal system.

At Tiffany Graves Law, we have years of experience helping families deal with child custody issues. We understand that these matters can be emotionally charged, and we always act in the best interests of our clients. We take the time to learn about your unique situation so that we can develop a customized legal strategy that will give you the best possible outcome. If you're dealing with a child custody issue, we encourage you to contact us today to schedule a consultation. We'll be happy to answer any questions you have and help you get started on the path to a resolution.

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