Determining the Best Interest of the Child in Hackensack

While there are many important issues to resolve in a divorce, nothing is as paramount as the best interest of the child. It is the defining standard the court uses in exercising its judgment on matters such as child custody and parenting time and child support.

But how does the court determine the best interest of the child in Hackensack? Let’s consider some factors:

• Emotional relationships within the family. What may strengthen the ties between parents and children, what may weaken them? How does the divorce process impact each individual child in the family, and their relationship with their siblings, their grandparents, their extended family, etc.? If the goal is in many ways to do no harm, certainly the bonds between family is of utmost importance.

• Physical and mental health of the child. How are the children? Are they physically healthy, and keeping up with doctor’s visits? Are they mentally healthy (which can be difficult to discern with young children)?

• Stability of the home. Are the kids’ parents (or alternate caregivers) able to provide what the kids need, such as a food, clothing and, again, medical care? Are the kids going to school and/or daycare, and being educated? What about bonus provisions, such as playdates with friends or opportunities to visit with their grandparents? The parents must be at least adequate providers.

• Physical and mental health of the parents. Are the caregivers themselves staying healthy? What is their condition? You cannot care for a child if you don’t care for yourself. This includes not abusing alcohol or legal recreational narcotics, as well as, of course, illegal narcotics.

• Domestic violence and/or child abuse. Nothing is more important than the safety of the kid, and making sure children aren’t party to domestic violence in the home. (If you’re reading this and need assistance with an abusive situation, call the National Domestic Violence Hotline at: (800) 799-7233).

• The kid’s preference themselves. If the child is at a mature enough age to express opinions and preferences, these desires may be taken into consideration by the court. Of course this can be difficult for some parents to handle, if a kid expresses a desire to live with one co-parent over the other, so it’s best handled with kindness, patience, and care.

• The parents’ working lives. While the notion of the mother— the female parent— being somehow more suited to parenting because of their gender is antiquated and not employed by the court, the realities of working parents’ lives— hours on the job or at the office, travel for work, commuting, etc.— may be considered by the court in determining what is in the best interest of the child. After all, according to the Bureau of Labor Statistics, in married couple families with children, 67% of such have two working parents.

• The home situation. If the marital home is not being sold, or there is opportunity for the children to stay in the marital home, the court may take that into consideration.

Obviously, all divorces are different, and all families are different— there is no one scenario fits all, but these are factors that go into determining the best interest of the child in Hackensack.