Focusing on the "Best Interests of the Child"

Parents may resolve a child custody matter out of court through negotiation and agreement. If they can’t, a court will have to decide who gets custody of the child. But either way, finding a solution that’s in the child’s “best interests” should be paramount. But what does “the child’s best interests” mean? It may seem straightforward, but the term has a particular meaning in family law and custody orders.

This page details the best interests of the child standard used by family courts. For additional information and resources, see FindLaw’s Child Custody Law section.

The Child’s Best Interests in Custody Cases

When a family court has to make decisions about custody and visitation rights, the most important factor is the best interests of the child. This means that the court considers what will be best for the child’s life and well-being rather than what the parents may want.

Parents and courts should consider factors such as the child’s:

• Happiness
• Security
• Mental health
• Emotional development

Many factors are taken into account when determining the best interests of the child. In cases where one parent is seeking sole custody, the court will need to consider whether this is in the best interests of the child. This may involve looking at the desirability of maintaining strong emotional ties with both parents.

Even in cases where both parents seek joint custody, the court must consider the child’s best interests.

Child custody laws vary by state. Find an attorney near you.

Checklist: Determining the Best Interest of the Child

What factors determine the best-interests-of-the-child standard? It isn’t easy to define. The different sides in a custody dispute often have different perspectives. That can lead to an honest disagreement over what’s best for the child.

The following is a checklist of common factors a family court considers when determining the best interests of the child:

• The child’s relationship with each parent
• The child’s wishes (whether a state considers the child’s preference varies depending on the child’s age)
• The age and sex of the child
• The mental and physical health of the parents
• Any special needs a child may have and how each parent takes care of those needs
• Religious or cultural considerations
• The need for continuing a stable home environment
• Other children whose custody is relevant to this child’s custody arrangement
• The child’s opportunity to interact with their extended family, such as grandparents
• Interactions and interrelationships with other family members
• The parenting ability of each parent or the caregiver’s capacity to parent
• Adjustments to school and community (including extracurricular activities)
• Whether there is a pattern of domestic violence in the home
• Parental use of excessive discipline or emotional abuse
• Evidence of parental substance abuse
• History of child abuse or sexual abuse

Courts don’t just look at one specific factor. And there are more possible factors than what you see above. Courts will consider the totality of the circumstances, meaning they look at all factors that are relevant to the child’s needs. The court’s primary concern is the welfare of the child.

Types of Child Custody

Several different types of child custody may be awarded, depending on the specific circumstances of the case. Physical custody refers to where the child lives on a day-to-day basis. When one parent has physical custody, the child lives primarily with that parent, but the non-custodial parent may still have visitation rights (sometimes called “parenting time”). 

Legal custody refers to the ability to make important decisions about the child’s life. This can include decisions involving education, medical care, and religion.

In some cases, a combination of different types of custody may be awarded. For example, one parent may have physical custody of the child while both parents have joint legal custody. The court will create a parenting plan detailing how much time each parent may spend with the minor child. It will also detail child support payments due to the primary caregiver.

The goal is to create a custody arrangement that prioritizes the child’s safety and well-being.

Get Legal Advice for Your Child Custody Case

Custody battles can be difficult. Family law attorneys can help guide you through the complex legal hurdles you might face. They will help advise you of your state’s parental rights and best interests factors. If you need help with custody decisions, consider consulting an experienced attorney.

Talk to a child custody attorney today to learn how they can help with your custody proceedings.

What To Consider When Hiring an Attorney in Best‑Interests Custody Cases

Parents often hesitate to contact an attorney during custody disputes because they worry it will escalate conflict or make the process feel more adversarial. Others assume the “best interests of the child” standard is simple and that the court will automatically see their perspective. In reality, custody cases can be complex, emotionally draining, and heavily dependent on evidence. Understanding common hesitations can help parents decide if the cost of a lawyer is worth it.

• Concerns about cost are real, but legal help may be more affordable than you think. Custody cases can involve evaluations, mediation, and hearings. But legal advice often prevents more expensive disputes later.
• Many parents aren’t sure which behaviors, documents, or patterns matter most to judges. An attorney near you can help you understand how courts weigh stability, safety, and parental involvement.
• Some fear that bringing in a lawyer will escalate conflict. But legal support can actually reduce tension by structuring communication, documenting concerns, and helping parents avoid mistakes that harm their case.
• Some stress about proving your role in the child’s life. Parents often struggle to show their caregiving history, especially when the other parent disputes it. An attorney can help you frame this in clear, accurate, court-ready documentation.

These concerns are common. But being proactive about hiring a legal professional helps parents protect their child’s well‑being and their own rights.

When an Attorney Is Recommended

The “best interests of the child” standard involves many factors, and the stakes are high. Some situations strongly benefit from professional legal help:

• There are allegations of abuse, neglect, or domestic violence. These allegations are serious and can have lasting repercussions. Courts take safety concerns seriously. An attorney can help you respond to accusations or present evidence of harm.
• A parent is interfering with parenting time. Repeated denial of visitation, manipulation, or gatekeeping can affect custody outcomes.
• Your child has special needs. Courts may require detailed evidence about medical care, therapy, schooling, and each parent’s ability to meet those needs.
• You’re facing a request for sole custody. Sole custody cases require strong evidence and clear documentation. You’ll want an expert lawyer on your side to help with this.
• You need help creating or modifying a parenting plan. Parenting plans must address schedules, decision‑making, communication, and conflict resolution in a way that supports the child’s stability.