When allocating any parental rights and responsibilities, the court is required to consider the statutory “best interest” factors.
While you know what is in your children’s “best interest” the courts have a very specific definition of what that phrase means and it usually doesn’t match up 100% with what most mother’s think it means. This disconnect between the vernacular “best interest” and the statutory “best interest” factors is similar to a common misconception about Guardian ad Litems. Guardian ad Litems are not appointed to represent your children, they are appointed to represent what the statute determines is in the children’s statutory “best interest.”
When a court writes its decision or when a Guardian ad Litem writes a report and recommendation, the facts and law they rely on will be organized pursuant to the best interest factors.
The factors the court must consider may vary from state to state, but may include:
- The wishes of the child’s parents regarding the child’s care;
- The wishes and concerns of the child, as expressed to the court;
- The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to the child’s home, school, and community;
- The mental and physical health of all persons involved in the situation;
- The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
- Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
- Whether either parent or any member of the household of either parent has a criminal record related to children or endangerment.
- Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
- Whether either parent has established a residence, or is planning to establish a residence, outside the state.
When providing the court and the Guardian ad Litem with information, it is important to keep the best interest factors in mind and only provide what is useful. Distinguishing what you feel as a parent is in your children’s “best interest” and what actually falls into your state’s “best interest” factor test can be difficult and requires the assistance of a qualified Child Custody Attorney. If you have questions about local factors, contact your local WSM office today.
