Best Interest of the Child

Kent Tierney

Courts in California must make judgments based on a legal standard known as the best interest of the child. Though it is a noble principle, several factors are associated with this type of judgment, and the laws are vague, leaving them open to interpretation. Several principles must be considered in this type of ruling, such as the child’s health, safety, and welfare.

Working with a Dublin family law lawyer can help present the case to the judge and let the courts determine the best interest of the child. The attorneys at Tierney Law Group can help with any family law case, including the determination of the best interest of the child in California. Call our office today to learn more by speaking with one of our family law attorneys.

What Is the Best Interest of the Child?

When determining the best interest of a child, several factors are considered; however, it is not as cut-and-dry as one would hope. Essentially, the term refers to how the courts handle deciding who is best fit to care for a child and where the child would benefit the most from living. So, for example, when the courts deem a parent unfit to be left alone with the child, the other parent would receive sole custody, while the first parent would receive supervised visitation.

Determining the Best Interest of the Child

When determining what is in the best interest of a child, you will need substantial evidence proving you are the parent capable of serving in the best interest of the child. Steps to do so include:

• Prepare a parenting plan showing that you take your child’s care, safety, and protection seriously, including a proposed visitation schedule for the other parent.

• Keep track of parenting time, including how much you spend with your child and doing things for them, such as volunteering in their school’s classroom.

• Keep a journal showing how you meet all your parenting duties, including making meals, helping with homework, doctor’s appointments, etc.

• Log all child-related expenses, including daycare costs, school supplies, clothing, etc.

• Provide reliable child care when you cannot be with your child, such as at a preschool, staying with friends or family, and hiring babysitting services.

• Ask others to testify on your behalf. It could be your friends, relatives, your child’s teachers, or anyone else who has first-hand knowledge of how you are with the child.

• Show willingness to work with the other parent, and you are willing to co-parent and let the other parent be a part of your child’s life.

• Know your child’s best interests, such as what foods they like, what activities they are involved in, their favorite color, etc.

• Have a safe, comfortable, and secure place for your child to live.

• Behave in court and show the judge you are respectful and willing to listen to others and follow the judge’s instructions.

How a Dublin Family Attorney Can Help

When proving the best interest of a child, having an attorney by your side can help make the process less stressful. Your attorney can investigate to determine all aspects of the child’s situation and advocate for their best interests in court.

Having a Dublin family law attorney is best if you are going through a divorce or other legal proceeding involving your child. Our attorneys at Tierney Law Group can help establish the child’s best interest and help prove it in court. Call our office today to schedule an appointment with one of our family law and child custody attorneys.

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