If you are currently involved in a case regarding child custody, child support, or any matter involving the welfare of children, you’ve undoubtedly heard the term “the best interests of the child.” If not, it’s important to know that making a determination that is in the child’s best interests is the family court’s ultimate goal.
However, there is no official definition of what the best interest of a child means and generally refers to the measure by which family courts make decisions regarding children. Whether the matter involves custody or other court orders, child services, legal actions, or other businesses of family law, these decisions are presumed to be made according to whatever suits the needs of the child best. The child’s interest comes first, before the parents’ interest or the state’s interest. In other words, the child’s well-being is paramount, above all else.
Why the Child’s Best Interests are so Important
When ruling on a child custody case, a judge must ultimately decide the custody arrangement for a family – that is, the judge must determine where the child should live, how often they should interact with a non-custodial parent, and how parents will share major decision making rights for important decisions involving the child. The court strives to create a custody arrangement involving all of these aspects that best suit the child’s needs.
There are three potential rulings in a standard custody hearing. A summary of each is below:
- Sole custody is awarded to one parent, who also holds decision-making power for the child and is the primary parent with whom the child lives; the other parent may or may not be issued limited or supervised parenting time by the court.
- Joint custody with joint decision-making authority or final say given to one parent, with both parents sharing equal or close-to-equal parenting time.
- Joint custody and joint legal decision-making authority with neither parent named to have the final say and both parents being granted significant parenting time.
Thus, the best interests of the child are vital because if the standard is not thoroughly applied to cases involving the well-being of a child, a child could needlessly lose the opportunity to have a relationship with one of their parents. Consequently, a child could be wrongfully placed in the custody of a parent who can’t provide a safe home where the child could potentially be harmed, neglected, or subject to abuse. Even if neither parent is abusive or neglectful, nor would the child lose their relationship with one parent, the wrong decision could potentially result in the child unnecessarily losing out on a familiar school, community, family, friends, or other factors.
Because relationships between divorcing parents or other co-parents often get heated, and animosity drives the behaviors of many individuals in family court, it is crucial that the court focus on acting on behalf of the children caught in between. Establishing neutral ground and representation that can view the situation objectively and be an advocate for a child ensures fewer mistakes are made when it comes to making decisions about the safety and well-being of a child. Arizona Family Court wishes to grant every child the best opportunity to nurture mental and physical well-being in their present life to improve the potential of their future.
What Is a ‘Best Interests of the Child’ Hearing?
When parents are unable to come to an agreement regarding parenting time or legal decision-making authority, the court must get involved and make a decision for them on behalf of the child’s best interests. In these cases, the court evaluates all facts and evidence in a ‘best interests of the child’ hearing or amid a temporary or final trial. The court must make a ruling regarding both parenting time and legal decision-making authority, applying the standard of the best interests of the child or children to its final decision and order.
Sometimes, this means what’s in the best interest of the child does not align with the wishes of the parent, which makes family court difficult for many individuals and judges alike. However, when the court acts in the best interests of the child, those decisions must be accepted by all parties for the sake of the child involved. Furthermore, in any case of parenting time disputes or in cases in which a parenting time legal decision is contested, the court must indicate for the record all factors that influenced the decision and the reasons why the decision is believed to be in the best interests of the child.
What Are the Best Interests of the Child in Family Court? Guiding Principles
Arizona law gives much discretion to the courts in determining what is in a child’s best interest. This is because every situation is unique, and the details of a case must be carefully considered individually for a child’s best interests to be upheld. Thus, in family court rulings, there are certain principles and factors that serve as guideposts to help decision-makers act in favor of a child’s best interests. Some of the most common influencers are described below.
Family Integrity
When deciding whether to remove a child from their home, it is usually a tough decision for the courts. Arizona only rules to separate children from their families under circumstances that deem that the child living in the home environment is not in their best interest and harmful to their wellbeing. Keeping a family together is the preferred option, but in some cases, it means jeopardizing the health, safety, or protection of the child.
Emotional Ties
Arizona Family Court considers the relationships between a child and their parents, siblings, other family members, and other household members as a factor in determining what’s best for a child.
Educational Needs
In such cases that require the family court to make a decision regarding the school placement of a child or whether a child should remain in their current school, the court will consider the educational needs of the child, the appropriateness of the academic setting, and the proximity of the child to the school in determining the best interests of the child.
Financial Well-Being
The court will also consider the capacity at which the parent(s) can provide sufficient food, clothing, and medical care. In general, the court will consider the parent’s ability to provide a safe environment for the child on a financial basis.
Mental and Physical Needs of the Child
The ability of the parent(s) to meet the child’s mental and physical needs is an important consideration when determining a child’s best interests. Of course, this often ties into many of the other factors and can be complicated when the child has extreme or unusual mental and physical needs.
Mental and Physical Health of the Parent(s)
The parent’s mental and physical well-being is often a factor in family court rulings regarding child custody. Situations where an unwell parent is rendered less than capable of caring for the child are especially considered.
History of Domestic Violence and Potential for Domestic Violence
Family court does not typically find it is in a child’s best interest to live in a house with domestic violence or a history of domestic violence.
Child’s Wishes
Though Arizona law does not require a judge to take a child’s wishes into account, in some instances, it can be an influential part of a family court ruling. However, it is understood that a child’s wishes are not always in their best interests, and in these cases, those requests are not considered influential.
What Are the Best Interest Factors for Child Custody?
Specifically, regarding the decision-making for child custody and parenting time or modification of an existing custody or parenting time court order, Arizona law states the court must take into account the following factors:
- Past, present, and potential future relationships between the child and both parents
- Interaction and interrelationship between the child and their siblings or any other significant people in the child’s life or household
- Adjustment of the child to their home, community, and school
- The wishes of the child, if they are of a mature and suitable age
- The mental and physical health of all individuals
- Which parent is more likely to facilitate meaningful and frequent contact between the child and the other parent, so long as the other parent’s situation is stable, and visitation does not require the child to witness or be a victim of domestic violence, child abuse, or other criminal acts
- Whether one parent presented false information to the court to unnecessarily delay court proceedings, increase the cost of legal proceedings, or mislead or falsely influence the court’s decision on parenting time
- If one parent or one parent’s home has had a history of child abuse, neglect, or domestic violence
- The extent of or nature of one parent’s coercion of or duress on any party to obtain a legal decision on parenting time
- If required parenting class requirements have been fulfilled by either or both parents
- If either parent was convicted of falsely reporting child abuse or neglect
When Is a Juvenile Court Looking Out for the Best Interest of the Child?
While the best interests of a child are always the primary consideration in a child custody case, in juvenile court, the best interest of a child takes on a bit of a different purpose. All decisions must consider both the best interest and the behavioral rehabilitation of the child. The definition of the best interests of a child in juvenile court must encompass the reform the child has experienced. These judges consider whether or not a child is ready to return to their home, be reunited with their family, friends, and schoolmates, and the extent to which they are expected to be able to properly behave when placed back in the community and society as a whole.
In other words, in juvenile court, the child’s best interests must also incorporate the best interests of those around them. In some cases, it is found that the child’s best interest is not to return to their family home. In these cases, the child must be placed elsewhere, and in some cases, parental rights may even be terminated. Relationships children have with family members and other members of their households are considered in these rulings, and these relationships can be very influential when determining the best interests of a child.
What Is a Best Interest Attorney (BIA)?
In cases in which child custody is contested in a family court proceeding, a Best Interest Attorney (BIA) may be appointed at the court’s discretion. A BIA does not necessarily have the same role as a child’s attorney, but both are appointed attorney positions with the purpose of advocating on the child’s behalf.
The duties of a BIA sound simple enough in that they are to represent the minor child’s best interests, and that is all. The BIA does not testify as a witness; rather, Arizona law states a BIA shall participate in litigation to the same extent that they would for any other party. This means that the BIA will investigate the situation of the child, participate in any hearings or trials, present evidence, and cross-examine witnesses, among other things. The primary thing to remember is that all legal proceedings enacted by the BIA should serve the purpose of protecting the child’s best interests, though they are not bound by the child’s objectives or directives. This means even if the BIA finds the best interest of the child is in conflict with the child’s wishes, they may act accordingly. They may also act in accordance with the child’s wishes if they find them to be in the best interests of the child.
A child’s attorney, on the other hand, provides independent and legal counsel true to the child and in accordance with the duties, responsibilities, confidentiality, and representation they would for the parent. Unlike a BIA, a child’s attorney is bound by the objectives and directives of the child.
How To Advocate for Your Child’s Best Interests
Advocating for your child’s best interest involves proving your capacity to care for your child, both physically and emotionally, as well as proving your child’s stability within the home environment you create. This includes showing the court you have established a loving and safe home environment for the child, that you are willing and able to work with the other parent cordially on behalf of the child’s well-being, and presenting yourself as a healthy-minded parent who has a connected relationship with your child. It may also involve testimonies from family members your child is close with who will speak on the relationships your child has with you and others.
You may also want to present documented evidence of your contributions to your child’s well-being, such as expenses you’ve paid and a log of the time you have spent with your child. Keeping a parenting journal, making a parenting plan, and having a clean record free of domestic violence, child abuse, and drug charges can also show your stability as a parent.
Contact The Valley Law Group
One of the most impactful things you can do to advocate for your child’s best interest and support your case is to speak with an Arizona family law attorney. If you are involved in a child custody case in Arizona family court, no matter what capacity or which side you’re on, The Valley Law Group has top rated child custody attorneys that can answer your questions regarding the court’s considerations of the best interests of your child, offer sound and seasoned legal advice, and provide skilled litigation, should you need it.
Contact our legal team for the legal advice you need regarding child custody laws in Arizona.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.