The “best interests of the child” principle

Wisconsin parents may be interested in some information on the factors that courts use in determining custody issues after a divorce. Depending on the particular state, the motivating factors could change, but most of them exist to achieve specific goals. Nearly every decision that a court makes regarding child custody and physical placement is governed by the best interests of the child principle. What this means, exactly, can depend on a number of factors.

Every state requires that this be the prime determining factor, but many states also have their own statutory rules as to what this phrase entails. Often, the rules are there to support some overarching policy goal with regard to child custody. These can include family integrity and keeping the child in their family home, protecting the child’s health and welfare, and having these permanent custody decisions made in a timely manner.

Many states have statutes setting forth specific factors that are taken into consideration. While they vary with each state that has them, some that are more common than others. The most prevalent is consideration for the emotional bonds between the family members. Another common factor is the ability for each parent to provide for the child. Others include the physical and mental health of the parents and child, as well as the particular needs of the child.

Understanding the process for determining child custody issues can be daunting without the assistance of an attorney. The attorney may be able to guide a parent through the process of fighting for custody and drafting a parenting plan that is fair to all parties and in the best interests of the child.

Source: Child Welfare Information Gateway, “Determining the Best Interests of the Child“, December 15, 2014