How is the “best interests of the child” determined in cases of custody and visitation?

In cases of custody and visitation in North Carolina, “the best interests of the child” are determined through a variety of factors, with a judge ultimately making the decision. Generally, the court may consider the child’s age, mental and physical health, relationships with parents and family members, educational needs, and other significant factors. The court may also review any past or present conduct of the parents including domestic violence, substance abuse, criminal convictions, or any other evidence that relates to the welfare of the child. In addition to the parent’s conduct, the court may also consider the child’s preferences. For example, if the child is old enough to express a preference as to which parent they wish to live with, the court will take this into consideration. The court may also evaluate the environment in which each parent resides, the ability of each parent to provide emotional support and guidance, and any evidence that may suggest which living arrangement is most favourable to the child. Finally, the court may weigh the parents’ ability to make custody-related decisions and cooperate with one another in raising the child. An evaluation of both parents’ willingness to communicate and cooperate in reaching decisions that are in the best interest of the child may help the court determine how to move forward. Ultimately, the court will use all of these factors and evidence to make a determination that is in the best interests of the child.

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How is the “best interests of the child” determined in cases of custody and visitation?

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