How the Court decides in the Child’s best interests

How does the court act in the child’s best interest in a custody action? Following will be some guidelines that are used. The courts may use commonly used or established guidelines. There will be a child custody evaluation. The courts believe in frequent and meaningful access to both parents.

An agreement made by both parents is preferable to a court solution. Parents can go through mediation and or through an attorney. The court can solve the custody matter. If disputes can’t be solved a trial will be held and the judge will make the decision. The family law courts are based on equity, and fairness to both parents.

A child custody evaluation involves an assessment of the child’s needs and each parent’s ability to meet these needs. The strengths and weaknesses will be evaluated. There will be interviews of parents, child, parent and child interactions, and interviews with other people outside of the family will be conducted. The past, present, and future needs will be considered.

The court may at any time order upon consideration all relevant factors that have bearing on the child’s needs. These could include age, station in life, standard of living, financial status and ability of each parent to make child support payments. Payment of child support can vary plus or minus 5% of the guidelines.

The court will determine the primary caregiver that is: who bonded with the child in the early years, and who provides love and emotional support. Where age appropriate, the child may have a preference. Grandparents may be awarded visitation rights with a minor child and do have a legal standing to seek same. However, it may not be ordered that a child be kept in the state or jurisdiction of the court solely for permitting visitation by the grandparents. If the child is residing with the grandparents whether they have custody or not the court may recognize that they have the same standing as parents for evaluation custody arrangements in the best interests of the child.

After the entry of the child support the court will have continuing jurisdiction regarding the child support payments. Terms and conditions, and the amount can change if found necessary in the best interests of the child. In ordering shared parental responsibility, the parents expressed desires may be considered. The court may grant to one party the responsibility over specific aspects of the child based on the child’s best interests. These can include residence, education, medical, dental and other areas deemed unique to a specific family. A provision for health care insurance if reasonably obtained can be required or reimbursed. The court may order sole parental rights with or without visitation rights when it is in the best interest of the child.

In conclusion the court’s role is determined by the child’s best interests. The child custody evaluation assesses the child’s needs and the ability of each parent to meet these needs. The family law courts are based on equity, and fairness to both parents.

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