How are a child’s best interests determined?

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How are a child’s best interests determined?

By The Law Offices Of James A. Cuddy, LLC   |   Jan 28, 2021   |   Family Law

In any child custody case, the best interests of the child take precedent over a parent’s preferences.

From physical safety to familial ties, several important factors influence how a child thrives after his or her parents’ divorce, as well as who gets custody.

Emotional ties

According to the Connecticut Judicial Branch, one of the most important parts of a child’s best interests is emotional wellbeing. This includes the proximity to extended family from his or her house, the strength of the parental bond and the amount of quality time you typically spend with the child.

Nurturing a strong bond can help the child feel resilient in the face of stress and change. The presence of siblings or other close family members can influence which parent gets primary custody.

Safety and stability

The safety of your house or place of residence is an important factor for any child’s wellbeing. Courts take the mental and physical stability of the parents into account during the custody process. Providing a stable home life is important for growth and maturation, especially for school-aged children.

If you show a willingness to work cooperatively with your ex-spouse while providing a safe home for your child, it can help your case during custody hearings.

Child’s personal wishes

If the child is old enough, he or she may express a preference for living with one parent more than the other. Courts note what the child wants and often take it into consideration during the process. However, the child must be of an age where he or she can make reasonable and informed decisions in order for the court to use this information while determining custody.

Many factors influence custody, and most of them deal with emotional and physical wellbeing.

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