An Overview of the Child’s Best Interests in Family Law

An Overview of the Child’s Best Interests in Family Law

An Overview of the Child’s Best Interests in Family Law


Family law is a complex and emotional area of law that deals with a person's personal life and their family. When a family law case involves children, the phrase "best interests of the child" often comes into the conversation. The child's best interests are at the heart of every family law case where a child is involved. In this blog post, we will discuss what the child's best interests are, how they are determined, and why they are important in family law.


1. What are the child's best interests?

The child's best interests refer to the standard that the court uses when making decisions regarding children. The standard aims to protect the child from harm and prioritize their well-being above the interests of any other person involved in the case. The child's best interests standard applies to cases where decisions about parenting time, decision-making authority, and other family law matters are being made.

2. How are the child's best interests determined?

Determining the child's best interests requires the court to look at several factors, which vary depending on the specific case. Factors the court may consider include the child's age, physical and emotional health, the nature of the child's relationship with each parent, and each parent's ability to provide for the child's basic needs. The court may also consider each parent's history of domestic violence or substance abuse, if relevant. Once the court has considered all relevant factors, it will make a decision that it believes is in the child's best interests.

3. Why are the child's best interests important in family law?

The child's best interests are essential to ensure the negative impact of a family law case on a child is minimized. Prioritizing the child's best interests allows the court to ensure that the child's needs and well-being are put first. Moreover, the child's best interests aid in promoting a healthy and meaningful parent-child relationship in the event of a separation or divorce.

4. Who advocates for the child's best interests in family law?

In family law cases involving children, a lawyer, known as a guardian ad litem (GAL), may be appointed to represent the child's interests. A GAL acts as a voice for the child during the case and helps ensure that the child's best interests are kept a priority.

5. How can parents keep the child's best interests in mind during a family law case?

Parents can keep their child's best interests in mind by putting aside animosity and focusing on what is best for the child. Maintaining ongoing communication with the other parent, following through on parenting plans, and striving to maintain stability and routine in the child's life wherever possible are great ways to ensure the child's best interests are maintained during the family law case.



In conclusion, understanding the child's best interests is crucial during a family law case involving children. By keeping the child's best interests in mind, parents can help minimize the emotional distress that the child may experience and ensure their well-being. It is recommended to seek help from a reputable family law practitioner to ensure a professional and logical approach towards the child's best interests. If you need guidance on child custody and parenting plans, Ilvento Law is committed to helping you achieve the best results for you and your child. If you need assistance with family law practice in Orlando, FL, contact us today for more information.

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