Best interests

Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children. The most important of these issues concern which parent a child will reside with; the extent of contact (previously termed "access", or in some jurisdictions, "visitation") with the child by a non-resident parent, legal guardian, or other party; and child support. The determination of what constitutes the best interests of a child is considered by some to be a subjective doctrine as it lacks objective criteria.

Related Topics:
Court - Children - Reside - Visitation - Legal guardian - Child support

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Such a test may be applied either in proceedings that involve the dissolution of marriage in common-law marriages or in the context of the dissolution of a civil union. It may also be used in proceedings determining legal obligations and entitlements such as when a child is born out of wedlock, when grandparents assert rights with respect to their grandchildren, and when biological parents assert rights with respect to a child that was given up for adoption.

Related Topics:
Dissolution of marriage - Common-law marriage - Civil union

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It is the doctrine usually employed in cases regarding the potential emancipation of minors. Courts will use this doctrine when called upon to determine who should make medical decisions for a child where the parents disagree with authorities.

Related Topics:
Emancipation of minors - Medical

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In determining the best interests of the child or children in the context of a separation of the parents, the court may order various investigations to be undertaken by social workers, psychologists and other forensic experts, to determine the living conditions of the child and his custodial and non-custodial parents. Parents may request or deny visitation or custody to fit their own interests, but the overriding consideration is how the child will benefit from interacting with his parents. Such issues as the stability of the child's life, links with the community, stability of the home environment provided by each parent may be considered by a court in deciding the child's residency in custody and visitation proceedings.

Related Topics:
Social worker - Psychologist - Forensic experts

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