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Best Interest of the Child

During a divorce or custody case the court often looks at what is the best interest of the child. While on the surface the concept may seem simple, many factors are taken into consideration when considering what is best for the child. The court will primarily be looking at the essential needs of the child and what will help the child develop and achieve their maximum potential.

Parents will need to identify their child needs and then show that they can meet those needs. Some needs that may be identified include social, spiritual, physical, emotional, and psychological. While some needs such as shelter and food are easily identifiable, it may be harder to identify the emotional and spiritual needs of the child.

In most cases, the court will try to establish the most stable environment that provides consistency, routine, and predictability for the child. Children should not be caught in the middle between fighting parents and instead need to be assured that their relationship with each of their parents will continue.

One way a judge may make a determination of child placement is asking a child their preference. This is often only done when a child is older than 12, has reached a certain amount of maturity, and understands the gravity of their decision. The conversation between the judge and child is often done in the judge’s chambers without either parent present as to not influence or upset the child.

Choosing an experienced attorney who can help you identify the factors judges look at when determining the best interest of a child can lead to a more successful custody or divorce case. Attorney Barbara A. Weaver can represent your interest in court and maximize your chances of securing the results you need. With more than 20 years of successful legal experience, your case is sure to be in excellent hands. To find out more about how we can help request a free case evaluation or call us at (254) 870-3623.


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