What are Best Interest Factors in child custody?

When courts determine child custody, they use the best interest of the child standard, which considers several important factors to ensure the child’s overall well-being is prioritized. These factors help guide decisions about where the child should live, how much time they will spend with each parent, and who will be responsible for making key decisions in the child’s life. While each case is unique, the following are some of the most commonly used best interest factors that courts consider when determining custody.

What are the best interest factors?

The best interest factors in child custody vary depending the jurisdiction (or location) where the custody dispute is taking place. Each state has its own set of laws regarding custody, and those can generally be found by googling “best interest factors in child custody in [put your state here].” However, there are several common factors that are generally considered by courts when making custody determinations. These include:

1. The child’s age, gender, and developmental stage

   The child’s age, gender, and developmental stage play a key role in determining their needs and the type of care required. For example, an infant may need more frequent interaction with the primary caregiver, while an older child may benefit from maintaining strong ties with both parents. Developmental needs can also influence decisions regarding schooling, healthcare, and emotional support. Courts consider how well each parent understands and can meet the child’s needs based on their developmental stage.

2. The child’s relationship with each parent and other important people in their life, such as siblings, grandparents, and extended family members

   Courts assess the child’s relationship with each parent and other key individuals in their life, such as siblings, grandparents, and extended family members. A positive, healthy bond with each parent is crucial, as is maintaining strong connections with siblings and other important people. Judges aim to create a custody arrangement that preserves these important relationships, recognizing the emotional and social support they provide to the child. Courts may also take into account the consistency of these relationships over time and how involved each parent has been in the child’s daily life.

3. Each parent’s ability to provide for the child’s physical, emotional, and educational needs

   Each parent’s ability to meet the child’s physical, emotional, and educational needs is central to determining the best custody arrangement. This includes providing essentials like food, shelter, and healthcare, as well as emotional support and guidance. Courts will evaluate how each parent can support the child’s education, whether that means helping with schoolwork, attending parent-teacher meetings, or ensuring the child participates in extracurricular activities. The ability to create a nurturing and secure environment that fosters emotional well-being is crucial in these decisions.

4. Each parent’s mental and physical health

   A parent’s mental and physical health can significantly impact their ability to care for the child. Courts assess whether a parent is physically and emotionally capable of meeting the child’s needs. If a parent has a mental or physical health condition that affects their ability to provide consistent care, this could influence the custody arrangement. However, courts are also mindful not to discriminate based solely on a diagnosis; they focus instead on how the condition affects the parent’s ability to parent effectively.

5. The child’s preference, if the child is mature enough to express one

   In some cases, courts will consider the child’s preference regarding where they want to live, provided the child is mature enough to express a reasoned opinion. The weight given to the child’s preference depends on their age and emotional maturity. While the court considers the child’s input, it ultimately balances their wishes with other factors to ensure the decision is in the child’s best interest.

6. The ability of each parent to provide a stable and consistent home environment for the child

   A stable and consistent home environment is essential for a child’s well-being. Courts look at each parent’s ability to offer stability, including a safe living situation, a routine that supports the child’s development, and consistency in caregiving. Stability is particularly important for younger children, who need a structured environment to thrive. Courts may favor the parent who can maintain a stable household, especially if the other parent’s situation is more transient or unpredictable.

7. Each parent’s willingness to encourage and support the child’s relationship with the other parent

   A parent’s willingness to encourage and support the child’s relationship with the other parent is a key factor in custody decisions. Courts prefer to grant custody to a parent who fosters healthy co-parenting and ensures that the child has a strong relationship with both parents. If one parent actively discourages or undermines the child’s relationship with the other parent, this behavior could negatively impact their custody outcome. Courts value cooperation and the ability to prioritize the child’s needs over personal conflict. *See Additional Comments below*

8. Any history of domestic violence, substance abuse, or other issues that could impact the child’s safety and well-being.

   Finally, the court will carefully consider any history of domestic violence, substance abuse, or other issues that could impact the child’s safety and well-being. If a parent has a history of abuse, substance addiction, or other dangerous behaviors, the court may limit or supervise their custody or visitation rights to protect the child.

These factors are given different weights depending on the state and circumstances. However, it’s really important to understand the best interest factors before developing a parenting plan. It’s also really important as you look at your ongoing relationship with your ex-partner. Domestic violence is A factor in many jurisdictions. But it is not the only factor. (I would argue as would most of my colleagues that it should be the MOST IMPORTANT factor in custody decisions, but it often is not. Abusive parents get court-ordered, unsupervised custody and visitation every single day.)

* Willingness to encourage and support the child’s relationship with the other parent

The willingness of each parent to support the children’s relationship with the other parent is debated and contested in domestic violence spaces. But it is on the books in many places. What this means is that even if a parent threatened to kill the other parent – even if a parent threatened to kill the child – the other parent is theoretically supposed to encourage and support the child’s relationship with the person they consider dangerous. Not doing so can be labeled as “parental alienation” and can jeopardize a protective parent’s entire case. (There are certainly examples of judges recognizing the danger of domestic violence and protecting kids in these cases. It is very important to talk to your attorney about this, and you should ask specifically how to navigate your concerns while also meeting the willingness to encourage relationship best interest factor.)

The complexity of the best interest factors is one of the reasons why communicating with a disordered ex-partner is such an important strategic part of your post-divorce plan. In my case, the judge decided that I didn’t like X (I didn’t – for good reason), but the fact that she could tell hurt my case for several years. I know better now!

A divorce coach can help you locate resources to better educate yourself on your state’s best interest factors so that you can be strategically-minded during your ongoing custody battle.