What is the “Best Interest of the Child” Standard?

When it comes to matter of family law, particularly when children are involved, courts across the nation must look at the “best interest of the child” when making decisions regarding child custody and visitation, among other matters. This phrase is used identically by almost every family law court in America and refers to a child’s physical, emotional and developmental health. This standard is often used to redirect the focus of a divorce proceeding, particularly when the individual needs and emotions of the disputing parents is getting in the way of meeting the needs of any children involved.  

If you or someone you know is facing child custody issues in Arizona and is not sure what next steps are available, contact a seasoned Phoenix child custody attorney right away to learn about your rights as well as obligations under state law.

Factors Arizona Courts Consider

Arizona courts will consider several factors to determine the best interests of the child, which includes the preferences of both the minor and the parents. The inquiry will focus on the relationship of each child with the corresponding parent. Likewise, the relationship between the child or children, parents and any other important person is also looked into. An Arizona family law judge will consider the child or children’s ability to adjust to the current home environment as well as any new situation at home, school, or in the community. Finally, the court will look at the mental and physical health of the child or children as well as the parents when determining child custody.

Beyond the aforementioned, a family law judge will determine which parent is more likely to allow both frequent and meaningful contact between the child or children and the other parent when determining custody. Not surprisingly, a parent who is cooperative and seems willing to work with the other parent will likely receive a more favorable ruling than one who uses coercion, duress or is aggressive when seeking child custody. Beyond cooperative behavior, a judge will also consider which parent has had a history of caring for the children during the marriage. Beyond these factors, the court may also examine a parent’s past history of convictions, false reporting, or neglect by a parent in addition to any domestic violence abuse or child abuse by either parent.

Child Custody Help in Phoenix

Attorney Ronald L. Kossack has been assisting spouses with child custody matters for years, and will guide clients to create a child custody or support agreements that will not only benefit the best interest of the children but are also reasonable for all parties involved. Do not try to go through this difficult time on your own, attempting to navigate the complex legal system, particularly when children are involved. The legal professionals at the Law Offices of Ronald L. Kossack will guide you every step of the way. Call (480) 345- 2652 today to schedule your initial case evaluation.

Newsletter Signup