Also known as: child's best interest · best interests of the child · best interest of the child · best-interest standard · BIC
Written by attorneys · grounded in primary & secondary sources — see below
A judicial standard directing courts to resolve disputes involving children by reference to the child's welfare and needs. The standard incorporates factors such as parental fitness, the child's relationships, and stability while presuming that fit parents act in accordance with it.
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Cecilia Cabrera, a fit parent, refused her in-laws' request for weekly visitation with her daughter after the child's father died. The grandparents petitioned under a state statute allowing any person to seek visitation solely on a best-interests determination. The court dismissed the petition, holding that the statute failed to give special weight to Cecilia's decision as a fit parent.
Connor Clark sought primary custody of his two children after separating from his spouse. The court evaluated the parents' wishes, the children's preferences, and each parent's conduct. It awarded custody to Connor because his spouse's recent job relocation would disrupt the children's school and community ties without improving their relationship with either parent.
Colin Chambers, an unmarried biological father, had never contacted or supported his newborn son. The mother consented to adoption by Chloe Chen. The agency petitioned to waive Colin's consent. The court granted the waiver after finding that withholding consent was unreasonable and contrary to the child's need for a stable placement.
Cynthia Cortez had obtained a nonparent custody order for her niece two years earlier. The child's mother later sought modification after completing rehabilitation. The court granted the motion upon finding a substantial change in circumstances and that returning the child to her mother served the child's best interest.
Charlotte Chung and her former partner both claimed parentage of a five-year-old boy after genetic testing. The court weighed the child's age, the length of each adult's caregiving, the nature of the bonds, and potential harm from disruption. It adjudicated parentage in favor of the functional caregiver whose daily involvement had created the child's primary attachment.
Caleb and his sister had lived together in their mother's home until the parents separated. The father sought custody of Caleb alone. The court examined the siblings' close daily interaction and awarded joint custody to keep the children together, determining that preserving their relationship promoted the boy's best interest.
Yes. A presumption exists that fit parents act in their children's best interests, and statutes permitting third-party visitation must respect that presumption rather than allow a judge to override it based solely on a best-interests finding.
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No. Conduct of a proposed custodian that does not affect the parent's relationship with the child is irrelevant and must be disregarded.
…States to consider the impact on a child of possibly arbitrary parental decisions that neither serve nor are motivated by the best interests of the child. Accordingly, I respectfully dissent. Dissenting — Justice Scalia Justice Scalia, dissenting. In my view, a right of parents to direct the upbringing of their children is among the…
…age will be, subject to environmental pressures not of choice.” Record 84 (emphasis added). The court then concluded that the best interests of the child would be served by awarding custody to the father. The court’s rationale is contained in the following: “The father’s evident resentment of the mother’s choice of a black partner is not…
…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
…1977 and Supp. 1982-1983), is intended to establish procedures for adoptions. Those procedures are designed to promote the best interests of the child, to protect the rights of
…as joint custodians cannot agree on important matters such as education, it is the court’s duty to determine the issue in the best interests of the child
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Consent may be waived if it is unreasonably withheld and withholding consent would be against the child's best interest, after notice and a hearing to the nonconsenting parent.
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Modification requires proof of a substantial and continuing change in circumstances plus a showing that the modification itself is in the child's best interest.
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The court must decide parentage in the child's best interest after weighing factors including the child's age, the length of each claimant's parental role, the nature of the relationships, potential harm from non-recognition, and equitable considerations.
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The quality and continuity of the child's relationships with siblings and other significant persons directly affect the child's emotional stability and are therefore relevant to the overall best-interest assessment.
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