Best Interest of the Child

What constitutes the best interest of the child standard?

The best interest of the child standard is one of the most difficult standards to define in family law because it varies according to the court and the nature of the hearing.


The standard is used in a slew of cases, including guardianship, paternity, divorce, child custody and support, parental termination, child placement, and adoption.

In determining the best interests of the child, the U.S. Supreme Court has considered the following factors in cases of parental separation or divorce:

a child's emotional growth, health, stability, and physical care.

The Uniform Marriage and Divorce Act has echoed these factors and added that a court in custody cases should also consider:

a child's wishes, his adjustment to his home, school, and community, and his interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child's best interest.


California family law gives its courts "the widest discretion to choose a parenting plan that is in the best interest of the chid."  When determining the best interest of the child, relevant factors include:

the health, safety and welfare of the child, any history of abuse by one parent against the child or the other parent, and the nature and amount of contact with the parents.