Divorce and The Best Interests of the Child

When you’re going through the divorce process and negotiating child support and custody issues, you’ll hear the term “best interests of the child.” The court will consider a number of things in determining the best interest of a child, including the new family lifestyle the children will experience after a divorce and where the court feels the children will best be able to adapt to the new changes. It is possible for you and your spouse to ease into your new family dynamic in order to make the transition easier on your child provided you can collaboratively work to achieve that goal.

Amicable Relationship

In order for you and your spouse to best help your child through the divorce process, you should maintain an amicable relationship. While that may not be easy, especially at first, this is beneficial in helping your child’s transition into this new way of life. It’s best to avoid contentious debates about visitation, child support, visitation and other child-rearing issues.

What The Court Considers

When the court is considering issues regarding custody they consider a number of things including, the health of the parties, the wishes of the child, the interrelationship between children and extended family, and the income of the parties. There are also many other factors a court will apply to determine which party is best suited for primary physical placement and custody of a child.

Courts also must make the l determination as to who will pay support and how much is paid. There are certain factors that come into play when making this determination.
The court will look almost exclusively at the income of each parent. Expenses of the parties rarely matter and a standard guideline equation will be employed to determine the amount a party will pay.
However, if there are other extenuating circumstances regarding the rearing of the child, such as educational costs or medical expenses, a court may consider those as well. All issues regarding the child should be brought to the court during the divorce process.

Achieving an Amicable Solution

Many times, reaching a solution that you can both agree on depends on the skills of an experienced divorce & family law attorney. It takes both skill in negotiation and a desire to make sure the needs and wants of their client are met in order to reach an amicable solution. Experienced attorneys manage divorce issues every day, but usually, our clients only see them once in their lifetime.

Call our law office if you have questions about the divorce process or any family law matter concerning the best interest of your child.