What is the Best Interests of the Child?

Family law, like other types of law, involve different types of “burdens of proof” or standards. For example, in a criminal case, the burden of proof is that the state must prove “beyond a reasonable doubt” that the accused committed the crime. Similarly in family law there is also a standard used in custody cases and other matters involving children. That standard, which has become almost cliché is the “Best Interests of the Child” standard. This means that those fighting over custody must prove to the court what is in the best interests of the child. This usually means a suggestion that the child live with one or the other parent. But how is this standard determined? This is where things get real tricky.

The law doesn’t clearly define this standard. Instead it becomes a conglomeration of factors that the court, usually with the help of an expert, will consider when ordering the best interests of the child. This makes it very challenging for parents who are trying to conduct a cost/benefit analysis of fighting for custody.

That is why it’s so important to partner with a team who can help you assess the various considerations going into determining the best interests of the child. Because there is no “black and white” line for parents, it’s important to consider the experience and approach of your lawyer. At Justice Legal Group we are part of your team. We assess the strengths and weaknesses of your claim. We call this our strategy meeting. Just like other investments, you want to control as much as you can and then be educated on what you cannot control. Your custody case is the same.

For a comprehensive evaluation, contact the Justice Legal Group and take part in our proprietary evaluation of the strength of your custody claim. Email us at info@justicelegalgroup.com or call us at 505-880-8737.