Factors to Determine the “Best Interest of the Child”

When making a decision about custody of a child the court must determine what is in the “best interest of the child.”  In making this determination the court looks at who can best provide for the physical and emotional needs of the child both now and in the future.  The questions that need to be answered vary depending on the age of the child.  Below are a few of the questions that should be answered for a judge to determine custody of a child.

Infant (birth to 18 months)

1. How has the parent provided for the child’s needs in eating, sleeping and bathing?
2. Is the parent aware of things that would endanger an infant?
3. Has the parent attended the child’s doctor appointments?
4. How is the parent’s physical and psychological health?
5. Does the parent have a substance abuse problem?

Toddler (18 months to 5 years)

1. What learning opportunities has the parent provided to help with physical, mental and language development?
2. If the parent works outside the home is the daycare arrangement appropriate and safe?
3. Does the parent provide opportunities for the child to socialize with other children and supervise those activities?
4. Does the parent set expectations and rules?
5. Does the parent support and facilitate the child’s relationship with the other parent?

Early Elementary School-Aged Child (5 to 7 years)

1. Is the parent involved in the child’s school and extracurricular activities?
2. Does the parent monitor and assist with homework?
3. Does the parent communicate with teachers and coaches?
4. How does the parent handle academic difficulties?
5. Does the parent support and facilitate the child’s relationship with the other parent?

Older Elementary School-Aged Child (8 to 10 years)

1. Does the parent encourage the child to participate in activities?
2. Does the parent support and promote peer friendships?
3. Is the parent knowledgeable about the child’s academic and behavioral performance at school?
4. Does the parent support and facilitate the child’s relationship with the other parent?
5. Does the parent avoid discussion of adult concerns around the child?

Middle School-Aged Child (11 to 13 years)

1. Does the parent discuss the separation, divorce or litigation around the child?
2. Is the parent sensitive to the self-doubt that is common at the child’s age?
3. Does the parent support and promote peer friendships?
4. Does the parent know the child’s friends and their parents?
5. Does the parent help the child remain organized and complete homework especially when moving between households?

Adolescent or High School-Aged Child (14 to 18 years)

1. Does the parent support the child in age appropriate activities?
2. Does the parent attend the child’s school and extracurricular activities?
3. Does the parent stay informed about the child’s school attendance and progress?
4. Does the parent help the child plan for the future?
5. Does parent discuss sexuality, drug abuse and healthy relationships with the child?

A knowledgeable family law attorney will educate their client on these factors and prepare the case for court.  At the Law Office of Julie Johnson we believe that preparation makes the difference.  Call for a consultation with an experienced family law attorney today at 214-290-8001.