Best interest factors in child custody evaluations

Abstract

This chapter discusses the best interest factors, from an historical perspective as well as from a current perspective. A review of the tender year’s doctrine, the Uniform Marriage and Divorce Act (UMDA) and the variability of current policy from state to state are offered. The best interest factors are delineated from several states, including Illinois, Michigan, and Florida. The majority of states have established best interest factors to be considered in making recommendations regarding custody and visitation. These factors include the wishes of each parent and their rationale, the wishes of the child as to his or her preferred custodian, and the interaction and interrelationship of the child with his or her parents, siblings, and significant others who may affect the child. In addition, other factors include the mental and physical health of the parents, the child’s adjustment to the home, school and community as well as the willingness of each parent to facilitate a relationship with the other parent. Domestic violence, child abuse, and substance abuse are often considered as well. Some states also assess the stability of the environment, the role of each parent historically in the child’s life, the capacity of each parent to provide the child with medical care, clothing, food and remedial care, as well as the moral fitness of each parent. Specific situations, such as removal, are also addressed from a best interest perspective. Finally, the challenges to the evaluator in assessing best interest factors are discussed.