If you are enduring a child custody dispute, you have likely heard the phrase “best interest of the child.” This is a guiding principle used by courts during decisions related to child custody, visitation, relocation, or any family issue involving kids. As a parent, it is important to understand what the best interest of the child means as it pertains to your case. For more information and to secure skilled legal advice, reach out to a knowledgeable York County, PA family law attorney at Ilkhanoff & Silverstein today.
What Does “Best Interest of the Child” Mean in a PA Court?
The term “best interest of the child” is exactly what it sounds like. It is a standard that ensures that a child’s needs and well-being are protected and prioritized during a separation, divorce, or other matter where decisions will be made regarding the child.
During a separation or divorce, it is easy for the parents to fight over the terms and things that they want. Children, especially when they are young, can be extremely sensitive to these issues and can be significantly impacted by the outcomes of these decisions. The best interest standard helps prioritize the child’s welfare over the convenience and desires of the parents. Pennsylvania courts recognize that the most important thing is keeping the child physically, mentally, and emotionally safe.
What Factors Determine the Child’s Best Interest?
The idea of keeping the child’s best interests in mind is nice, but how exactly does it work? Every family is different, so there is no one answer to a custody or visitation arrangement that will be suitable for everyone. Instead, courts make decisions on a case-by-case basis.
Section 5328 of Pennsylvania Consolidated Statutes outlines various factors that the court must consider when determining what will be best for the child. Consider the following.
- Which parent is more likely to ensure the safety of the child
- The present and past abuse committed by a parent or a member of the parent’s household
- Violent or assaultive behavior committed by a parent
- The level of cooperation and conflict between the parents
- The willingness and ability of each parent to prioritize the child’s needs and perform parental duties
- The need for stability and continuity in the child’s education, family life, and community life
- The child’s relationship with their siblings and other relatives, if they have any
- The preference of the child, depending on their maturity and judgment
- Where the parents live in relation to each other
- Each parent’s availability to care for the child or ability to make child care arrangements
- A history of drug or alcohol abuse of either parent or a member of their household
- The mental and physical health of either parent or a member of their household
- Any other factor deemed relevant by the court
These factors are important to ensure the court can evaluate every aspect of the child’s and parents’ lives and create a plan that prioritizes the child’s well-being. To learn more, reach out to a skilled family lawyer today.
