The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child’s best interests. And the same test is used when judges decide whether a child should be removed from a parent’s home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include:
- age and sex of the child
- mental and physical health of the child
- mental and physical health of the parents
- lifestyle and other social factors of the parents
- emotional ties between the parents and the child
- ability of the parents to provide the child with food, shelter, clothing and medical care
- established living pattern for the child concerning school, home, community and religious institution
- quality of schooling, and
- the child’s preference.
Filed under: Legal Definitions
