Parents involved in legal proceedings concerning their children will hear judges and attorneys talking about their children’s best interests. It is critical for parents to understand what that phrase means and what judges look at when deciding issues concerning children.
Determining the best interest of a child in Southbury requires weighing all the relevant factors that impact the child’s ability to reach their full potential. Consult a seasoned child custody attorney at our firm to learn what a judge might consider in your specific case.
Parents often have legal disputes that involve children. These include parenting time, child support, and relocation issues.
Connecticut General Statutes § 46b-56 requires judges to make any decision concerning children based on what is best for them. The parents’ needs and wishes are secondary, and if they conflict with what is best for the children, the judge must order the result that favors the children.
In many cases, parents can negotiate an arrangement regarding custody or support without judicial intervention. However, they must submit their agreement to the court for approval. The judge will review it to determine whether it meets the children’s best interest standard and must reject it if it does not. A Southbury lawyer can help a parent demonstrate how their desired outcome supports the best interests of the children.
The law provides guidance to the judge about how to evaluate the children’s best interests. It does not require the judge to assign weight to the various factors, but they must explain how they arrived at a decision.
The law describes 17 separate elements a judge may consider. Many involve the children’s specific mental, physical, educational, and temperamental needs and each parent’s ability to meet them. Some other factors the judge could consider include:
Judges considering custody and timesharing arrangements could also evaluate whether either parent has tried to coerce the children into expressing a preference for a certain outcome.
Judges can consider factors not listed in the law when deciding what is best, such as whether a parent’s addiction or criminal record poses a risk to the children. A Southbury attorney representing a parent can emphasize the ways the parent devotes themselves to supporting and nurturing the children.
It is best for everyone when parents can agree on situations that impact their children. Unfortunately, parents sometimes have very different ideas about what is best for their children, which can result in high-conflict disputes.
Courts often appoint a Guardian ad Litem (GAL) in these situations. Either parent may request the appointment of a GAL or a judge can decide a GAL is necessary. The GAL gets to know the children, visits each parent’s home, and may collect information from other sources as appropriate in the specific case. They then make a recommendation to the court about what solution best serves the children’s interests.
In some cases, a court could appoint an Attorney for the Minor Child (AMC). This usually happens when a dispute involves an older child. The AMC argues for the child’s desired outcome and protects their legal rights in addition to considering the child’s best interests. A Southbury lawyer can provide valuable guidance for parents working with GALs and AMCs.
The stakes are very high when a legal dispute involves children. Judges focus on the children’s best interests because they are the people most affected by the dispute, yet they have little voice in court.
Determining the best interest of a child in Southbury requires the evaluation of multiple factors. A family law attorney can ensure the judge is aware of a parent’s capacity and efforts to put their children’s needs first. Schedule a consultation with a knowledgeable lawyer today.
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