What is the “best interest of the child” standard?

The “best interest of the child” standard is the basis of most decisions regarding grandparents’ rights law in West Virginia. This standard requires that the court consider the best interests of the child or children before making a decision in any case where the rights of grandparents are at issue. Factors that will be considered in determining what is in the best interests of the child include the amount of time each grandparent has spent with the child, the emotional relationship between the grandparent and the child, the physical and mental health of the grandparent, and any other factors the court deems relevant to the decision. The court may also consider the wishes of the child if the child is old enough and mature enough to express a reasonable preference. Ultimately, the court’s decision must be based on what they determine to be in the best interests of the child and not on the wishes of either grandparent. This standard helps to ensure that any decision made regarding grandparent rights will benefit the children affected.

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What is the “best interest of the child” standard?

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