Family Law Flashcards
(2 cards)
Health and Safety of the child
The mother’s refusal to give needed medication to the daughter will most likely allow for an action against her by either the father or the State. The State has an interest in the health and safety of a child. The facts state that the daughter has severe asthma that is life-threatening without medication. Here, we would have to weigh these concerns against the mother’s religious beliefs. In this instance, safety concerns for the child are out-weighed by the mother’s right to raise her child accordingly to her religious beliefs. Further, the father has a say in these beliefs and certainly wants his daughter to have proper medical care. A court would most likely award the father legal rights in making decisions for the child and enjoin the mother from not giving medicine to her daughter
Best interest of the child factors
When determining the custody of the child, the court uses the Best Interest of the Child Factors. These factors include:
1. Child Preference
2. Primary care-taker
3. Financial situation of parents
4. Domestic Abuse
5. Keeping children together
