An important consideration in parenting plans: The “best interests of the child” standard

As a general rule, courts would not interfere in parenting. That is, parents are given the widest possible latitude in rearing their own children. The State, through the courts, would only have a say in this matter when contentious issues, requiring, ideally, an objective and a sound resolution, and usually brought up by the parents themselves, or the child or his or her representative, as the case may be, concerning such rearing would come about.

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Contentious issues on parenting invariably arise when spouses separate or get a divorce. One of these issues is the custody of the minor child or children, before or after separation or divorce.

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Parents could either mutually determine the arrangement they are most comfortable with given their situation or the circumstances surrounding the separation or divorce. Of course, this is the most encouraged route to avoid pointless tension on matters that can be threshed out and settled on, with the aid of an attorney. This would ensure that separation or divorce proceedings are not unduly prolonged to lessen impact on the child. An added advantage is an almost seamless transition by the child toward a life with separated or divorced parents.

At the core of all parenting plans, whether agreed to beforehand by the parties in proceedings or pleaded to be adjudged by the courts, would be the standard of the “best interests of the child.”

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What would be the custodial arrangement that would redound best to the interests of the child? Parents, being the ones privy to the internal structure of their family, unavoidably affected by the separation or divorce, must think long and hard about this. Otherwise, the decision would fall under the judge.

What are the factors that should be considered in upholding the “best interests of the child” standard? To the author, these should include, but should not be limited to, the following:

• The child’s preferences
• Protection of the child from abuse and domestic violence
• Health or physical condition of the child and parents
• Financial capability of the custodial parent
• Nature of employment of custodial parent in reference to presence in the prospective home or access to the child
• Prospective home with adequate facilities for the child’s growth and development
• Proximity of prospective home to the child’s present, or preferred, school
• Environment where the child could engage other children in friendship

Maria Rivera Ortiz is a divorce attorney who aims to assist parents in touching base with each other, in an amicable manner, as much as possible, to ascertain the best custodial or co-parenting arrangement that can be agreed on for the best interests of the child. Visit this website for more information about her practice.