Portland Family Law Lawyer: What Really is the Best Interest of Child in a Divorce?

There are numerous avenues in which a parenting plan may be resolved through formal legal proceeding in the court:  agreements between parents, negotiations between attorneys, family custody evaluations, mediation with the parties, or a decision made by a family court judge. A question I often receive when meeting with clients, however, is: how do you know what is really in the best interest of your child?

All outcomes of parenting plans need to consider the absolute goal of placing the child in an environment that encourages and cultivates a child’s emotional development, mental health, physical security, and happiness. While the parties have decided to no longer live together, the parties’ minor children benefit from the time they spend with each parent. Whatever the ultimate decision for the instituted parenting plan, generally it is in the best interest of the child to have both parents involved in their lives. To help facilitate this from the start of the matter, most courts in Oregon require each parent to take a mandatory educational course relating to parenting their children during the pending matter and going forward. In Washington County, the course is called Kids’ Turn. In Multnomah County, the course is called Parentings Helping Children Cope with Family Change.

At times it is difficult to determine what exactly the best interests of a child are. There are several aspects that are generally considered. These include the parents’ requests; the ability of each parent to put the child’s interest in the forefront; the ability of each parent to provide a stable home and stable education arrangements; willingness of each parent to support the other parent’s relationship with the child; the physical and mental health of each parent; any history of instability, parental emotional abuse, or domestic violence of each parent; any history or evidence of substance abuse by either parent; the opportunity for time spent with extended family members; and finally, if the child is mature enough and reasonable to have an separate preference.

If one parent believes there to be danger to the child by living with the other parent, there must be sufficient evidence provided to the court. This is a serious matter and allegations must not be taken lightly. This may adversely affect your child, not just the other parent. If you have questions about this, it is important to contact a Portland Family Law Attorney to see what your options are.

By putting your focus on your child, knowing that it is generally best for the child to remain in close contact with both parents unless other extenuating circumstances exist, you can truly contribute to the best interests of your child while going through a divorce.