Best interest and welfare of the child standard

Question 1

Best interest and welfare of the child standard

Answer 1

A parent is in the best position to care for a child unless the parent is unfit to do so.

Parental responsibility, time sharing, and child support can be adjudicated even without a pending divorce proceeding.

Question 2

Primary factors in determining best interest of child

Answer 2

1. Capacity to encourage the child’s relationship with the other parent and honor the timesharing schedule (“friendly parent”)
2. Division of parental responsibilities
3. Ability to provide for the child’s needs
4. Primary caretaker prior to divorce
5. Geographic location of the parties and travel time
6. Moral fitness
7. Health of parents
8. Child’s preferences if the child is mature enough
9. Capacity to provide stability
10. Domestic violence
11. Capacity to communicate with other parent
12. Substance abuse
13. Capacity to protect the child from litigation
14. Any other factor relevant to the parenting plan

Question 3

Other factors in determining best interest of child

Answer 3

1. Religion MAY be a factor but cant restrict/condition on parent’s right to free exercise of religion.
2. Race CANNOT be a factor
3. Parent’s sexual conduct - NOT a factor unless there’s direct evidence of a negative impact on the child

4. Third party rights
Parents are presumptively entitled to shared parental responsibility in cases against 3dps unless:
-parent deemed unfit;
-detrimental to child; or
-parent's rights have been terminated

5. child’s preference
   - may be considered if child is of sufficient age (no statutory age)
   - ct must also consider reason behind preference
   - child can’t testify or be deposed absent court order for good cause or an emergency
6. siblings - cts avoid separating
7. domestic violence - always a factor
   - must be considered in determining parental responsibility
   - conviction of first degree misdemeanor or greater results in rebuttable presumption of a detriment to the child
8. HIV/AIDS is not a factor, but parent may be required to follow recommended safety precautions.

Question 4

Electronic communication btwn parent and child

Answer 4

Doesn’t replace in-person contact.

There’s a rebuttable presumption in favor of telephone contact.

Not used to calculate child support.

The court will consider:

• best interest of the child
• availability & affordability of electronic communication
• history of substance abuse or domestic violence

Question 5

Parenting course

Answer 5

each parent must complete a court approved parenting course prior to a final judgment