What is included in the best interest of the child standard?

The "best interest of the child" standard is a fundamental principle used in family law that prioritizes the child's welfare and overall well-being above all other factors in custody and visitation cases. This standard encompasses various considerations, but the core focus is on ensuring that the child’s physical safety and emotional well-being are paramount.

By including the child’s physical safety, the standard ensures that the child is protected from any potential harm, neglect, or abusive situations. This is crucial in creating a safe environment where the child can thrive and grow. Additionally, emotional well-being is equally important as it relates to the child’s mental health, stability, and development. A nurturing and supportive environment fosters emotional security and resilience, which are essential for a child’s holistic development.

While elements such as financial stability and parental income can be factors in determining what may be practical for the child’s living situation, they do not directly address the child's safety and emotional needs. Similarly, while children’s preferences can be considered, especially as they grow older and their opinions become more relevant, the overarching focus remains on what best ensures their safety and emotional health. Therefore, the emphasis of the "best interest of the child" standard aligns closely with ensuring the child’s physical safety and emotional well-being