Understanding the “Best Interest of the Child” Standard
If you are in the process of a divorce or considering divorce, one of the largest issues a parent has to deal with regards to how their children will be affected by your divorce. In many divorce cases, the spouses disagree regarding child custody and child visitation matters. In certain circumstances, where no common ground can be reached, a court will be forced to make decisions regarding child support, visitation and custody matters. In these cases, a court will always use a standard known as the “best interest of the child.”
Questions the Court Will Ask To Determine the Best Interest of the Child
The state of Nevada will always attempt to determine what is the “best interest of the child” by considering the entirety of the situation surrounding the divorce. Some of the questions that a court may ask through the appointment of a guardian ad litem or simply directly to the parents may include the following:
- Does one parent (or both) allow easy communication with the other parent that fosters a close relationship with the child?
- Does the parent behave reasonably while the child is around, or during discussions involving the child?
- Does the parent follow the current parenting schedule?
- What is the emotional capacity of the parent?
- What is the ability of the parent to provide a stable environment for the child including education, activities and emotional support?
- Where does the parent live in relation to the other parent? Would having a 50/50 custody plan benefit or harm the child?
- Does the parent have a set schedule for the activities and academics of the child?
- Where is the child currently registered for school or activities?
- Is there any history of abuse or violence toward the child, other children, or anyone else?
- Does either parent have a felony record?
- Has either parent lied to the court for any reason?
- Does the parent behave in such a way as to shield the child from any disturbing discussions or disagreements between the parents/
- Does the parent refrain from saying negative things about the other parent in front of the child?
- Does the child have a preference?
- Is there any emotional or physical reason the child should be separated from one parent?
Courts typically try to do their very best to ensure that both parents have joint legal and physical custody and have interactions with their children. Only in the rarest of circumstances does a court take away the rights of a parent to see their child.
Reach Out to Us Today for Help
If you are considering a divorce and have children, the best course of action is to act as amicably as possible with your spouse. This benefits not only you but also your children. If you believe that you will have serious issues coming to a resolution with your spouse regarding child support or child custody matters, contact the Las Vegas child custody attorneys at Ghandi Deeter Blackham Law Offices. Visit with one of our compassionate attorneys at 410-535-5500 today for your free consultation.