Every state has statutes requiring courts to decide child custody matters in the child’s best interests. Many states list factors in their statutes what judges must consider when deciding child custody. It is essential to prioritize the best interests of the child in custody decisions. Learn in this article what can influence the court decision to give a parent the custody of a child.
What Factors Determine a Child’s Best Interests for Child Custody Arrangements?
When parents cannot agree on custody terms or a parent alleges the other parent is unfit, the court must determine the terms for child custody. While the factors used to determine a child’s best interest vary from state to state, the following factors are often considered:
- The ability of each parent to meet the child’s needs
- The willingness of a parent to encourage and foster a close relationship between the child and the other parent
- The quality of the home environment, including people who live in the home
- The mental and physical health of the parents
- The needs of the child, including medical or developmental needs
- How much time each parent spent with the child before the separation or divorce
- The child’s reasonable preferences for custody
- The role each parent has played in raising the child to date
- A child’s ties to their school and community
- A child’s relationship with siblings and other family members
- A parent’s employment schedule and whether child care duties will be outsourced
- Allegations of substance abuse, negligence, child abuse, or other wrongdoing by a parent
The goal is to develop a custody arrangement that benefits the child. In most cases, children benefit from a close relationship with both parents. Thus, parents are encouraged to develop a parenting plan and time-sharing agreement that allows the child to spend as much time with each parent as possible.
Ethical Issues Related to Prioritizing a Child’s Best Interests in Family Law Matters
The law protects a parent’s right to raise their children without interference from the government. The U.S. Supreme Court has recognized parental rights in many cases. In Troxel v. Granville, the court stated that a parent’s interest in controlling, caring for, and managing the custody of their children is a fundamental right recognized by the Court.
However, the fundamental right to parent children without government oversight might conflict with the child’s best interests. Therefore, courts may need to prioritize the child’s best interests over parental rights in some situations. The State must protect the safety, health, and welfare of individuals who cannot care for themselves, including minor children.
Another ethical consideration is whether every issue that impacts the child should be considered when determining their best interest. For example, should the court consider which parent has a nicer home or lives in a nicer neighborhood?
Should religion, political beliefs, and other protected rights be a consideration in a child’s best interest? Some states prohibit judges from considering protected classes when deciding custody issues, but not all.
Finally, what ethical responsibility does a lawyer have to a child in a family law case when the parent is their client? Attorneys must protect their client’s interests, including parental rights.
However, as an officer of the court, an attorney also has a duty to follow the law. In child custody cases, the law requires courts to decide custody matters in a child’s best interest, which might go against the client’s interests. If an attorney’s duty to their client conflicts with their ethical duty to a child’s best interest, it may be cause to withdraw from the case.
Protecting a Child’s Best Interest During a Child Custody Case
The court’s goal in family law cases is to protect children’s health, safety, and general well-being. State statutes and case law provide judges with guidance and requirements on prioritizing a child’s best interests.