How Do You Prove the Best Interests of the Child?

What Are the Best Interest Factors?

Best Interest Factors for Decision-Making Responsibilities

  1. the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
  2. the child’s adjustment to his or her home, school, and community;
  3. the mental and physical health of all individuals involved;
  4. the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
  5. the level of each parent’s participation in past significant decision-making with respect to the child;
  6. any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
  7. the wishes of the parents;
  8. the child’s needs;
  9. the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
  10. whether a restriction on decision-making is appropriate under Section 603.10;
  11. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
  12. the physical violence or threat of physical violence by the child’s parent directed against the child;
  13. the occurrence of abuse against the child or other member of the child’s household;
  14. whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
  15. any other factor that the court expressly finds to be relevant.

Best Interest Factors for Allocation of Parenting Time

  1. the wishes of each parent seeking parenting time;
  2. the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time;
  3. the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child’s birth;
  4. any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;
  5. the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests;
  6. the child’s adjustment to his or her home, school, and community;
  7. the mental and physical health of all individuals involved;
  8. the child’s needs;
  9. the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
  10. whether a restriction on parenting time is appropriate;
  11. the physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household;
  12. the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
  13. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
  14. the occurrence of abuse against the child or other member of the child’s household;
  15. whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
  16. the terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
  17. any other factor that the court expressly finds to be relevant.

How Do You Show Best Interests of the Child?

Who Determines the Best Interests of the Child?

What is Not in the Best Interests of the Child?

Interactions Between a Child’s Parents

--

--

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Anderson & Boback Family Law

Anderson & Boback Family Law

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!