What You Need to Know About the Best Interest of the Child Standard

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When it comes to child custody, the law tends to use the term best interest of the child or better interest of the child. Generally speaking, this means the court is going to view the well being of the child as more paramount than the parents’. Child custody is still the most common area in which the best interest of the child standard is utilized. This is also the case in situations involving abusive behavior on the part of one of the parties.

In some cases, the courts will opt for a purely joint custody arrangement. It is worth remembering though that this is not a condition which is always found to be correct. As has already been explained, the courts are more likely to look at the best interests of the children when reviewing divorce cases. So, if you are asking what you need to know about the best interests of your child in a divorce, there may be a good chance that joint legal custody will not be granted. If however, joint physical custody is granted to you and your spouse, you will have to abide by a set of rules and procedures laid down by the courts.

When you apply for joint legal custody, there are a number of things which must be provided with regard to the child. The first thing that will be required is information on any children residing with the non-custodial parent. This information must be accurate as to date of birth and age of each of the children. Additionally, if one of the parties is known to suffer from an addiction, then this too will have to be divulged in order to establish the best interests of your child.

A parent seeking to establish the best interests of a child may use domestic violence in addition to the other factors which are used by judges in determining which parent will have sole physical custody. It is important to remember that when using domestic violence, it must be proved that the act was done in the presence of the children. Also, the act must be a recent occurrence. It may be a factor in the child’s life which has affected his/her adjustment to society. It is not just the parents who can use domestic violence to establish their custody rights, although, when one of the parties is known to be violent towards the other parent, domestic violence can definitely be used as a way to help establish custody rights for one of the spouses.

When evaluating what the best interest of the child is in custody cases, it is important to take into consideration the age of both parents and what their parenting abilities have been throughout their marriage/relationship. It is also important to consider factors such as the custodial environment created by either parent. Both parties have to create an environment where the child can live comfortably, both physically and emotionally.

For the judge to decide on which party is more likely to be a beneficial environment for the child to grow up in, he will take into consideration the various factors listed above. For instance, the judge will evaluate how stable the parties are and whether or not they have shown any indication of changing their attitude or motives for acting in a manner which is detrimental to the welfare of the children. It is always important for the judge to determine which of the parties is more likely to provide a stable environment for the child. The judge will look at all of the variables involved to come to a final custody decision.

In many jurisdictions, there are special provisions and guidelines which are designed to assist the divorcing parents with making a custody and visitation schedule that is acceptable to both parties. A good example of this is found in the Missouri Family Code Sectionotrship and Divorce Enhancement Act. This statute requires that once the divorce is finalized, the parents must submit a proposed plan for visitation on the appropriate day. Thereafter, if the judge approves the schedule, it becomes a permanent agreement between the parties.

The most common type of agreement covering shared custody is where each parent has primary physical custody of the children and their living arrangements. There are also cases where joint legal custody is granted to one parent. But regardless of which type of custody agreement is decided upon, the ultimate goal is that both parents play an active role in the upbringing of their child(ren).

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