Best Interest Standard
In making custody determinations, Courts attempt to protect children's "best interests." This standard ensures a child's safety, happiness, physical, mental & moral welfare. Parental wishes will be rejected if inconsistent with the standard.
A number of factors are considered when making such a determination of what is in a child's best interest:
1. Parents' ability to agree, communicate & cooperate in child-related matters;
2. Parents' willingness to accept custody & any history of unwillingness to allow visitation not based on substantiated abuse;
3. Interactions & relationship of the child with its parents & siblings;
4. History of domestic violence, if any;
5. Safety of child & safety of either parent from physical abuse by other parent;
6. Preference of child, when of sufficient age & capacity to reason, so as to form an intelligent decision;
7. Needs of child;
8. Stability of home environment offered by each parent;
9. Quality and continuity of child's education;
10. Fitness of parents
11. Geographic proximity of parents' homes;
12. Extent & quality of time spent with a child prior to & subsequent to separation;
13. Parents' employment responsibilities; and
14. Number & ages of children.
