Courts make decisions all the time that affect children. These decisions are often related to things like child custody, child support, any future modifications to custody and support, and termination of parental rights. These decisions are made in light of the best interests of the child.
At the Law Office of Melissa Larsen, Esq., we provide guidance to our clients and helps them understand what the best interest of the child means generally, and how it could affect their unique case specifically. Making sure our clients are informed helps them make better decisions, too. So, contact us online or call or text 401-218-0862 to schedule a free initial consultation.
What is the Best Interest of the Child Standard in RI?
To determine what is in the best interests of the child, a set of factors have been established to guide the Family Court. These factors are also meant as a way to objectively arrive at these decisions so that they are fairer and more consistent.
Factors the Family Court considers in determining the best interest of the child include:
(1) the wishes of the child's parent or parents as to his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interest;
(4) the child's adjustment to his home, school, and community; and
(5) the mental and physical health of all people involved.
The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child.
As mentioned, these factors are the basis. With regard to the second factor, the Court will listen to the wishes of the child but may not act on those wishes unless the child is a certain age.
Which Best Interests of the Child Standard Applies if Custody Involves Multiple States?
Child custody determinations are decided by state courts. Wherever the case is filed, typically that state's best interests of the child standard applies. In some cases, where a genuine question as to which state can enforce a custody order exists, uniform laws like the Uniform Child Custody Jurisdiction Act may control. That, too, is determined by the state.
Contact Melissa Larsen, Esq. Today
The best interests of the child standard will greatly influence your child's life as well as yours. If you have questions, need advice, or want to file a complaint for divorce, child custody, or child support, contact the Law Office of Melissa Larsen, Esq. online or call or text 401-218-0862 today.