Also known as:best interests of the child · best interest of the child · best interests doctrine · best interests standard · BIC doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A judicial standard directing courts to resolve disputes over child custody, visitation, and parentage by reference to factors that promote the child's welfare. Relevant considerations include the wishes of the parents and child, the child's relationships with others, adjustment to home and community, and the mental and physical health of those involved. Conduct of a proposed custodian that does not affect the relationship with the child receives no weight.
Sources & Authorities· 10 primary sources
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Statutes
Uniform Acts
Restatements
Casebooks
How it applies
Common Examples
6
Custody Award After Divorce
Darrell Duncan and Diane Dawson divorced six months earlier in State A. Darrell seeks primary physical custody of their eight-year-old son, citing his established evening routine near the child's school and reliable babysitting support from coworkers. Diane petitions for primary custody to enroll the child in a new school near her workplace and her extended family. The court weighs the parents' wishes, the child's existing adjustment, and the health of each parent before designating Darrell as primary custodian.
Modification of Nonparent Order
Devon Drake obtained a custody order granting him primary physical custody of his niece after her mother's incarceration. Dwight Dorsey, the biological father, moves to modify the order after completing a treatment program and securing stable employment. The court finds a substantial change in circumstances and determines that modification serves the child's welfare before granting primary custody to Dwight.
Competing Parentage Claims
Dorothy Daniels gave birth to a child during her marriage to Derek Douglas. Craig, a former partner, later files a parentage action asserting genetic paternity after the child reaches adulthood. The court adjudicates the competing claims between Derek and Craig by reference to the child's age, the length of each individual's parental role, and the stability of existing relationships.
Modification of Prior Decree
Darrell Duncan received primary physical custody of his daughter under a decree entered two years earlier. Diane Dawson moves to modify the decree after the child begins experiencing academic difficulties at her current school and after Diane relocates closer to extended family support. The court finds changed circumstances and concludes that modification is necessary to serve the child's welfare before awarding primary custody to Diane.
Agreed Modification Rejected
Devon Drake and Dwight Dorsey agree to modify an existing visitation order so that Dwight receives additional parenting time during the school year. The court reviews the agreement and finds that the proposed schedule would disrupt the child's established after-school activities and support network. The court declines to approve the modification because it would not serve the child's welfare.
Jurisdiction Determination
Dorothy Daniels and Derek Douglas live in State A with their child. After separation, Dorothy moves with the child to State B. Derek files a custody action in State A, demonstrating that the child and at least one parent maintain significant connections with State A and that substantial evidence concerning the child's care remains available there. The court assumes jurisdiction because doing so serves the child's welfare.
Common questions
Frequently Asked
4
What factors does a court consider when applying the doctrine?+
Courts consider the wishes of the parents, the wishes of the child, the child's relationships with parents and others, the child's adjustment to home school and community, and the mental and physical health of all individuals involved. Conduct of a proposed custodian that does not affect the relationship with the child receives no weight.
Supporting sources
Does the doctrine apply to modification of existing custody orders?+
Yes. Modification requires a showing of changed circumstances since the prior decree together with a finding that modification serves the child's welfare. The court retains the prior custodian unless the custodian agrees to the change, the child has integrated into the petitioner's family, or the child's present environment endangers the child.
How does the doctrine interact with nonparent custody requests?+
A court may modify a nonparent custody or visitation order on a showing of changed circumstances and a finding that modification serves the child's welfare. An agreement between the parties may support modification unless the court finds the agreement itself would not serve the child's welfare.
Supporting sources
Does the doctrine govern competing parentage claims?+
Yes. When two or more individuals assert parentage, the court adjudicates parentage in accordance with the child's welfare after considering the child's age, the length of time each individual has assumed a parental role, and other relevant factors.
Supporting sources
and shall not prefer one parent over the other solely on the basis of the sex of the parent." Wis. Stat. § 247.24 (3) (1977). [^maj-31]: Plainly, both of these assumptions are the product…
interest
ed third parties, and to ensure promptness and finality.[^maj-25] To serve those ends, the legislation guarantees to certain people the right to veto an…
”). The consent provision in Minors Law 16,618 confers upon the father the joint right to determine his
child
’s country of residence. This is a right of custody under the Convention.…
Family LawChild custody · Standards for decisionUBEIntermediate