What is in the Best Interest of Your Child?
September 1, 2016
The best interest of the child standard is used widely throughout the family court in determining Custody, Placement and some modifications. But what factors are utilized in the analysis of the “Best Interest” Standard? An experienced Family Law Attorney at Craig Hein Law can help you fight for custody of your children by implementing what are known as the Pettinato Factors.
“The best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices. However, there are identifiable factors that must be weighed in the best interests of the child analysis when relevant. These factors include:
- The wishes of the child’s parent or parents regarding the child’s custody.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
- The child’s adjustment to the child’s home, school, and community.
- The mental and physical health of all individuals involved.
- The stability of the child’s home environment.
- The moral fitness of the child’s parents.
- The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.
It is very important to remember that “the best interests of the child” should not be determined by assessing any one factor. Contact Craig Hein Law to provide the best representation in any custody dispute so that the Pettinato Factors are properly presented to the court on your behalf.