In any divorce, the best interest of the child is given top priority. The court recognizes the serious impact that parents divorcing or separating can have on a child’s growth and development, so the most important thing to consider is what custody arrangement will allow the child to grow up in the most suitable environment. Courts will always strive to allow the child to maintain relationships with both of their parents, but that is not always possible. Work with a knowledgeable Memphis, Tennessee child custody lawyer to ensure your child is protected during the divorce or separation process.
How is a Child Impacted By Divorce?
Every individual is different but various studies show the adverse effects of divorce on the lives of children. Research suggests that the first year or two are the hardest for children as they adjust to their new reality.
Many children struggle to behave in school and certain situations, develop unhealthy anger, start acting out, and become depressed or anxious. Parents can fight against the toll that divorce takes on children by learning how to effectively co-parent and communicate maturely. When custody is determined it is important to create a parenting plan that caters to the child’s needs.
How is the Best Interest of the Child Considered?
When a court says that they are keeping in mind the best interest of the child, they mean that they are going to make a custodial decision that prioritizes the child’s happiness, physical and mental health, safety, and welfare.
Depending on the situation the decision may be simple. For example, suppose one parent has a history of drug abuse and domestic violence against the child. The court will have a fairly easy time giving the other parent full custody, given that they do not have a similar background. However, sometimes the situation is not so black and white. When a court is determining the best interest of the child they will evaluate the following information about the parents’ and child’s lives.
- The age and health of each parent
- Who has historically been the child’s primary caretaker
- Either parent’s history of criminal behavior, domestic violence, substance abuse, neglect, etc.
- The child’s age and preference
- The child’s physical and mental needs
- The relationship the child has with each parent
- The location and conditions of each parent’s home
- Where the child’s siblings live, if applicable
- Each parent’s willingness and ability to provide the child with stability
- The financial situation of each parent
The best interest of the child is not simply who has a nicer house or who the child prefers. Courts will examine nearly every aspect of each parent’s life to get a picture of what the child’s life will look like living with either parent. They will then consider which life will provide the child with the most safety, security, and best opportunities.
Contact a Tennessee family lawyer today to learn more about your parental rights during your custody case.
