Best Interests of the Child

Child Custody & Parenting

The legal standard courts use to determine custody arrangements, considering factors that promote the child's welfare and development.

Example

The judge evaluated the best interests of the child by examining stability, parental involvement, and the child's preferences.

Canadian Equivalent

In Canada, this is referred to as Best Interests of the Child (codified in s.16 of the 2021 Divorce Act with specific factors including family violence).

Jurisdiction Variations

FLORIDA

Best Interests of the Child (20 statutory factors)

Florida lists 20 specific factors under §61.13(3)

MICHIGAN

Best Interests of the Child (12 statutory factors under Child Custody Act)

Michigan's 12 'best interest factors' under MCL 722.23 are influential nationwide

CALIFORNIA

Best Interest of the Child (health, safety, welfare + frequent contact)

California prioritizes health/safety/welfare and frequent/continuing contact with both parents

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