In the early nineteenth century, the majority of child custody cases were simple and certain.

Simply put, it was the father’s right to have custody of the child, as common law jurisdiction considered children to be the property of the father.

As the nineteenth century came to an end, a doctrine came along that would put an end to the consideration of children as property. The Tender Years Doctrine stated that during a child’s ‘tender years,’ which are considered during age 13 and below, the child should be with the mother.

However, as family legislation continued to evolve, it was deemed by most states that the Tender Years Doctrine violated the Equal Protection Clause in the Fourteenth Amendment; thus, it was replaced by most states with the Best Interests of the Children Doctrine.

A child’s best interest is determined by a wide range of issues relating to the well-being of the children. Most of the important questions regarding the well-being of the child and what is in the best interest of the child arise during separations and divorces.

The courts look at a number of factors in determining the best interest of a child. Some of these factors include the feelings and wishes of each child, the stability of the child’s life, links with the community, stability in the home environment, and the retention of normalcy in the household of each parent.

Often times, judges will decide that because divorce is a chaotic and confusing time for children, it would be in the best interests to keep the child with the primary caregiver.

Some factors used to determine who the primary caregiver includes the parent responsible for putting the child to bed, assisting them in their morning routine before school, taking them to the doctor, and which parents are responsible for planning the child’s activities.

Many states have their own set of criteria for evaluating the different factors that will determine what is in the best interest of the child when it comes to physical and legal custody. However, all of them have the best interest of the child as a priority.

In addition to the criteria evaluating everyday life for the child, they also look at each parent to determine if they are fit to be the custodial parent and if it would be in the child’s best interests to live with that parent.

It is easy to understand what defines the primary caregiver, but if the other parent contests that they are fit to be the custodial parent, the court must also take that into account.

The investigation into the caregiver’s past may be vital if the child has not been living a healthy, balanced life, especially if that lifestyle contributes to the divorce in the first place. If it is not in the child’s best interests to be exposed to the primary caregiver, the judge will grant physical custody to the other parent.

The term ‘best interests’ of the child refers to the deliberation that courts undertake when deciding what type of services; actions and order will best serve the child.

These determining factors may vary from region to region but some of the most commonly used factors relate to circumstances of the child and the circumstances and capacity of the child’s potential caregiver, with the child’s safety and well-being as the main concern.

Courts understand how confusing and chaotic a divorce may be, so they will show a preference for avoiding the removal of the child from the home, as maintaining a routine is in the best interest of the child during such a time.

Because of this, leniency in granting child custody will usually be in favor of the primary caregiver. The reasoning behind this is that it will give both the child, as well as the general household a sense of stability that life at home is still predictable.

If however, the judge deems that it is in the best interest of the child to be removed from the home due to extraordinary circumstances, judges will consider the assurance that a child uprooted from the home will be given care, treatment, and guidance that will assist the child in developing into a self-sufficient adult.

Other factors most commonly used in determining the best interests of the child are the emotional ties between the child and other members of the household and other caregivers; the capacity of parents to provide adequate housing, food and
clothing.

There do exist, many different aspects that are considered when determining what is in the best interest of the child. Every region will have its own criteria and factors in making this determination.

Parents who are fighting for custody often undergo stress and confusion, but they do not have to go into this matter without assistance. The more knowledge you have, the more of an impact you can make on your case.