Post by Jim on Feb 14, 2009 12:28:38 GMT -5
Best Interests of the Child: The Key Standard for Custody Determinations
In making its decision as to what is in the child's best interest, a court may consider an array of facts and circumstances.
By Renee Campion
To determine who should have custody of a child, the court must base its decision on what is in the child's best interest. While almost any fact, circumstance, or consideration can affect a child's best interest, there are several scenarios common in many custody cases.
The preference of the child can be a crucial part of a custody decision. Courts cannot defer their authority to the child--the subject of the proceeding, but the youngster's preference can influence the court and affect how it decides the case. But it depends upon the state. Some states grant the court discretion, allowing it to consider the child's preference, and if so, how much weight or relevance to give it. Other states, under certain circumstances, allow a child to have a "voice" in the proceedings.
In making its decision as to what is in the child's best interest, a court may consider an array of facts and circumstances.
By Renee Campion
To determine who should have custody of a child, the court must base its decision on what is in the child's best interest. While almost any fact, circumstance, or consideration can affect a child's best interest, there are several scenarios common in many custody cases.
The preference of the child can be a crucial part of a custody decision. Courts cannot defer their authority to the child--the subject of the proceeding, but the youngster's preference can influence the court and affect how it decides the case. But it depends upon the state. Some states grant the court discretion, allowing it to consider the child's preference, and if so, how much weight or relevance to give it. Other states, under certain circumstances, allow a child to have a "voice" in the proceedings.
Article:
www.uslaw.com/library/article/TNPFamilyCol0607.html?area_id=15
