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Health & Fitness

Questions about child custody law? Know the best interest of the child standard.

The best interest of the child standard is, arguably, the most important standard in family law. In my opinion, every parent should at least know what it is.

The most important legal doctrine that every parent who is going through a divorce and/or child custody dispute should be aware of is the best interest of the child standard.  

Although I am not licensed to practice law in every state, I would guess that every court in America uses the best interest of the child standard.  The test may change from state-to-state, but individual state laws tend to discuss many of the same factors.  What does this mean?   

Basically, the best interest of the child standard is a multi-factored test that a judge uses when determining which parent(s) the child(ren) should live with on a full-time basis.  It does not mean that one parent gets to keep a child to the exclusion of another parent.  Typically, the "non-custodial parent" will be awarded parenting time and will be the child support "obligor" (payer).  

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For example, in Minnesota, the best interest of the child factors are defined by Minnessota Satute 518.17:

 (a) “The best interests of the child” means all relevant factors to be considered and evaluated by the court including:

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(1) the wishes of the child’s parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

(3) the child’s primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;

(6) the child’s adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a disability . . . of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;

(11) the child’s cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse . . . has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

(b) The court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the child.

As you can see, the best interest of the child standard is quite long and multi-factored in Minnesota.  If you are faced with a child custody situation, whether in Minnesota or elsewhere, you must know these factors.  Furthermore, it will be helpful to your attorney that you have some understanding of the law and what your attorney is trying to do.

Contact Joseph M. Flanders at Flanders Law Firm LLC, an Apple Valley MN law firm, for further information about child custody and the best interest of the child standard.  

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