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Making Decisions in the

Making Decisions in the "Best Interests of the Child"

In many family law cases involving child custody or child support, the courts always focus on “the best interest of the child.” Whether or not cases get settled in court in a divorce trial, or out of court through mediation, the focus is always on what is best for the child.

What Are the Contributing Factors?

As parents, we all have to learn to set aside our own misgivings and focus on what is best for our children. That can be difficult to determine at times because every situation is unique. However, as a general rule, the courts observe many different elements of the marriage, home, and family life.

These factors may include:

  • The child’s wishes
  • The age and gender of the child
  • The child’s mental, physical, and emotional health
  • Whether or not the child has special needs
  • Whether or not there was domestic violence in the home
  • How the child will adjust to new home, school, or community
  • If there is a history of parental drug or alcohol abuse or child abuse

Our children come first. Some require more than others. A divorce is disruptive to everyone but affects children particularly, who are still in the stages of growth, learning and development. The notion of “best interests” is merely to avoid unsettling the child’s foundation. Therefore, all of the decisions made are meant to encourage and continue fostering the child’s growth, happiness, mental and emotional health, and development.

Ideally, we would want the children to continue having a trusting, loving relationship with both of their parents. This may not always be possible, as every family situation will differ from others. In cases of domestic violence in the home, we would want to protect all family members from the damaging effects that abuse brings.

Have Questions? Contact Us!

Our Framingham divorce lawyers at Barach Law Group LLC. We can help you stay on top of the laws, which can frequently change. Having an attorney who is knowledgeable in all aspects of family law can offer you counsel can help you make the right decisions moving forward.

Contact us today and request your free case consultation.


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