Best Interest (Child) - Law Definition

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.