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How the 'best interests of the children' is determined in court

When the courts make their decisions based on the best interests of the children, there are several factors that they take into consideration. The first thing they do is look at the relationship each parent has with each of their children. This is important because, when it comes to child custody, the courts want to make sure that there is minimal impact to the children.

Depending on the age of the children, they may ask for their opinion on the relationship they have with each parent. The courts will also look at which parent is considered the caregiver. This may include who feeds the children, bathes them, gets them ready for school or events and which parent works with them on homework. It may also include looking at each parent's history.

If there is a history of drug or alcohol abuse, or a criminal background including domestic violence, this will play a large factor in the court's decision-making process. The courts want the children to live in a healthy and stable home environment.

If you are involved in a divorce with children, it is important to have a full understanding of how child custody works and how the child custody will be determined. In order to maximize the odds of obtaining a favorable outcome, it would likely be in your best interest to enter the courts with a strong family law team at your side. You know your ex-spouse will have people working hard on their side, you owe it to yourself, your family and your future to do the same.

Source:, "Focusing on the 'Best Interests' of the Child," Accessed June 18, 2017

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