‘Best Interest of the Child’ Still the Golden Rule

Child Custody Issues

The misconception that a child over the age of 14 will be able to tell the court which parent they want to live is an unsupported rumor for the most part. Family Court Judges uphold the tenet that the child will be placed with the parent who is most able, capable, and willing, to provide the most solid foundation and healthy home environment for the child.

Older children may be allowed to have a share in the discussion, and voice their preferences, however, ultimately, the decision will rest in the hands of the court, and the applicable guidelines will be followed in terms of financial ability, as well as whether the custodial parent will be available for the child at regular intervals of time.

Factors under consideration in determining where the best placement for any child involved in custody matters will be remain the stability of the home environment, the relationship the child has with each parent, any set routines or practices that are upheld within the child’s environment, living conditions, parental fitness, and then, perhaps, the preferences of the child.

Although the age of the child does not matter in some cases, as a judge may consider a younger child more mature and therefor their request would carry more weight in deciding where they are placed.

Likewise, judges will consider the child’s motivation for requesting placement with a particular parent. Have they been promised rewards for requesting to live with the parent? Is there a situation where the child perceives the parent as unable to care for themselves and needing their help? In particular, with teenagers, judges are concerned with the level of supervision in the home, as many children at this age are looking for the environment with the least supervision; something the judge will be wanting to oppose in their decision.

There is no cut and dry standard for deciding custody and placement issues of minor children. Each case is treated individually and handled according to the circumstances and situations that present themselves.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.