Essentially, the best interests of the
child means that all discussions and decisions regarding the custody and
visitation of a child are made with an ultimate goal: promoting and
nurturing the security, physical and mental health, happiness, and
emotional development of the child. Usually and ideally, it is in the
best interest of the child to keep a close and healthy relationship with
both parents. However, maintaining such a relationship can be difficult
in some cases, and this can get in the way of resolving a custody
dispute. If you are caught in the middle of a custody conflict, it is
important that you focus on making decisions based on the best interest
of your children. This will definitely affect your children's lives and
your relationship with them in the future.
There is no standard definition when it
comes to a child's best interests. To have a clear idea of what the best
interest of a child really entails, it pays to know the factors that are
taken into consideration in many custody cases.
* Physical and mental health of the
parents * Age and sex of child * Wishes of the child if he or she is of
the right age * Religious considerations * The relationship with &
support from extended family of each parent * Proof of alcohol, drug, or
sexual abuse of each parent * Emotional abuse or discipline from parents
* Stability of the home environment of each parent * The child's
adjustment to community and school
The wishes of the child regarding his
or her custody have a huge bearing in any custody decision. These
preferences can affect the court decision as to who will get the custody
of the child. However, it still depends on the state where the case is
being heard. Under particular circumstances, some states allow the child
to have a say in the hearings. In other states, the courts have the
discretion to determine how much relevance it will put on the child's
preference regarding his or her custody.
The child must be legally competent to
testify in court, meaning he or she understands what the child custody
hearings are all about and knows the difference between truth and lies.
When a child testifies in court, the judge does not directly ask the
child if he or she would want to live with the father or the mother.
Rather, the child is asked in a conversational manner to talk about life
in school and home.
Oftentimes, the courts appoint a lawyer
to represent the child. This setup allows the child to participate in
the hearings without the unnecessary stress and tension of the
courtroom.