Best Interests of the Child: What Guides Judges’ Decision-Making

Working through the details of a divorce can be difficult under the best of circumstances. If children are involved, chances are the courts will also be much more hands-on with proceedings. When determining custody, visitation, parental involvement and other issues, judges tend to proceed with the idea of ruling in the favor of the best interests of the child. This is likely to take on many facets and may not always agree with what one parent or the other believes to be in the best interests.

To prepare for court proceedings, it can help parents to understand just what factors come into play when a judge is considering a child’s best interests. The factors may include the child’s mental, physical and emotional needs, among others. Here are how these factors may come into play in the rulings a judge might hand down:

• Custody – Determining which parent or if both parents get custody is one of the biggest roles a judge will play in divorce proceedings involving a family unit. In some cases, a judge may rule in favor of a sole conservator. This means one parent will be given the decision-making authority by the court. He or she will have the final say in such issues as where the child goes to school, what doctors to see, extracurricular activities and so on. In a joint conservator ruling, both parents will have equal rights in decision-making. The goal of the court ultimately is to help retain active involvement in a child or children’s lives by both parents. Should factors like inability to care for a child, abuse, instability in the home and so on come into play, a judge may deem sole conservatorship is in the best interest of the child.
• Visitation – In sole and joint conservator situations, visitation may also be a very important determination to be made by the court. As long as issues related to abuse or criminal activity are not a part of the proceedings, the court will generally strive to ensure the parent who does not have day-to-day responsibility for the child enjoys ample visitation. Parents may create their own visitation schedules, but the court may step in if disputes or impasses arise. Should mitigating circumstances be present, such as past abuse by one parent, a judge may rule against providing the non-custodial parent visitation at all or may require supervised visits.

A family law attorney can help parents navigate child custody proceedings. A professional in this arena can assist in presenting a parent’s case while working to ensure the best possible outcome for the child. Parents who are facing divorce proceedings are urged to gain legal counsel to ensure their rights and the rights of their children are protected.

a href=http://www.nunneleyfamilylaw.com/firmNunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years.