When parents decide to file for a divorce, one of the most important decisions is what type of custody agreement they will settle upon. This decision can be difficult, as the courts must weigh various factors to determine what action is in the child's best interests. It is important to explore what exactly "the best interests of the child" means and discuss what goes into making this determination.
Defining The Best Interests
What are the best interests of the child? These are defined as the welfare and well-being of the child. Within this definition is included the physical, emotional, and mental health, as well as the safety and stability of the child. When thinking about custody agreements, the best interests of the child are always paramount.
What Are The Courts Looking At?
A variety of factors are taken into consideration when the courts are determining what is in the best interests of the child. Some of these factors include:
- The age of the child
- The relationship that the child has with their parents
- Each parent's ability to provide for the child's needs
- If the child is mature enough to express their preferences
- Any special needs or considerations of the child
- If there is a present history of abuse from one parent
The best interests of the child are always the most important factor in any custody decision. By understanding what goes into this decision, parents can better prepare themselves for this process.
An Attorney Can Help
When going through a divorce, custody discussions can bring about stress and worry. Having an attorney from the team at Eiges & Orgel, PLLC can immensely help in this process and assist you in reaching a reasonable custody agreement.
Your children should be your priority during a divorce. If you need assistance, give us a call at (347) 848-1850 for a consultation.