All You Need to Know About Child's Best Interest Determination

The term 'best interests' of the child refers to the deliberation that courts undertake when deciding what type of services; actions and order will best serve the child. These determining factors may vary region to region but some of the most commonly used factors relate to circumstances of the child and the circumstances and capacity of the child's potential caregiver, with the child's safety and well-being as the main concern.

Courts understand how confusing and chaotic a divorce may be, so they will show preference for avoiding removal of the child from the home, as maintaining a routine is in the best interest of the child during such a time. Because of this, leniency in granting child custody will usually be in favor of the primary caregiver. The reasoning behind this, is that it will give both the child, as well as the general household a sense of stability that life at home is still predictable. If however, the judge deems that it is in the best interest of the child to be removed from the home due to extraordinary circumstances, judges will consider the assurance that a child uprooted from the home will be given care, treatment, and guidance that will assist the child in developing into a self-sufficient adult.

Other factors most commonly used in determining the best interests of the child are the emotional ties between the child and other members of the household and other caregivers; the capacity of parents to provide adequate housing, food and clothing.


There does exist, many different aspects that are considered when determining what is in the best interest in the child. Every region will have their own criteria and factors in making this determination. Parents who are fighting for custody often undergo stress and confusion, but they do not have to go into this matter without assistance. The more knowledge you have, the more of an impact you can make on your case.