Also known as: best interest approach · best interests approach · best-interest approach · best interests standard · best interest of the child
Written by attorneys · grounded in primary & secondary sources — see below
A judicial standard directing courts to resolve disputes over child custody, visitation, parentage, or related matters by reference to factors that promote the child's welfare. The standard requires consideration of all relevant circumstances while excluding parental conduct that does not affect the relationship with the child.
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Benjamin Brooks and his spouse separate and file for divorce in State A. Benjamin moves for temporary custody of their six-year-old daughter supported by an affidavit detailing her school records and daily routine. The spouse files an opposing affidavit. The court holds a prompt hearing and awards temporary custody to Benjamin after weighing the factors that best serve the daughter's welfare.
Bradley Banks obtained a visitation order as a nonparent caregiver. After a substantial change in the child's living arrangements, Banks moves to modify the order to primary custody. The court finds that the proposed change satisfies the required showing and serves the child's welfare, granting the modification.
Bei Bai and another individual both claim parentage of a nine-year-old child. The court adjudicates the competing claims by evaluating the child's age, the length of time each person has acted as a parent, and other factors that advance the child's welfare.
Brendan Burns seeks to modify an existing custody decree two years after entry. New facts show a change in the child's circumstances since the decree. The court determines that modification is necessary to serve the child's welfare and grants the request while retaining the prior custodian absent qualifying grounds for change.
Boubacar Bah and the other parent agree to modify a visitation order. The court reviews the agreement and approves it after confirming that the terms advance the child's welfare rather than undermine it.
Benito Benitez files a custody action in State A after the child has lived there with one parent for several years. The court assumes jurisdiction because the child and at least one contestant have a significant connection with the state and substantial evidence concerning the child's care is available locally, serving the child's welfare.
The court evaluates all relevant factors including the wishes of the parents and child, the child's interaction with parents and others, the child's adjustment to home school and community, and the mental and physical health of those involved. Conduct of a proposed custodian that does not affect the relationship with the child is excluded from consideration.
Supporting sources
Modification requires a showing of changed circumstances since the prior decree and a determination that the change is necessary to serve the child's welfare. The court retains the prior custodian unless the custodian agrees to modification, the child has integrated into the petitioner's family with consent, or other qualifying grounds exist.
…to refuse artificial sustenance in the event that the ward was terminally ill and irreversibly comatose. Declining to adopt a best interests standard for deciding when it would be appropriate to exercise a ward's right because it "lets another make a determination of a patient's quality of life," the court opted instead for a substituted…
…but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.” The Superior Court ordered visitation one weekend per month, one week during the summer, and four hours on both of the…
…has itself provided: "In determining the parent with whom a child shall remain, the court shall consider all facts in the best interest of the child
…purpose of the notice provision of § 111-a was to enable the person served to provide the court with evidence concerning the best interest of the child, and that appellant had made no tender indicating any ability to provide any particular or special information relevant to Jessica's
…personal rights of the parents and the interest of the state in the welfare of the child
Supporting sources
A nonparent seeking modification must show a substantial and continuing change in circumstances and that modification serves the child's welfare. An agreement of the parties may support modification unless the court finds the agreement itself fails to serve the child's welfare.
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Yes. When two or more individuals assert parentage, the court adjudicates the claims according to the child's welfare, taking into account the child's age, the length of time each individual has assumed a parental role, and other enumerated factors.
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