How does a court determine a child’s best interest?

On Behalf of | Apr 13, 2020 | Child Custody |

Mississippi child custody falls to the courts’ decisions based on the best interests of the child and the situation of both parents. It is one of the more important processes in a family divorce since it determines the remaining childhood for those children affected. Even divorce for late teens can have lasting impacts. 

As detailed on the Mississippi Bar’s website, the overriding question to ask is “what is in the best interest of the child?” 

Parental considerations 

Each parent has the same rights over their children and so judges must consider carefully the resources, temperaments and moral fitness of each to determine what’s best. Judges look at factors like 

  • Emotional ties 
  • Parental employment 

Sometimes it is not in the best interest to grant full custody or even shared custody to either parent. In these cases, judges have to weigh other resources like third party organizations, foster parents or grandparents (though grandparents do not receive special legal considerations). The best interest of the child or all children involved takes priority.