We are a nation that quickly became accustomed to the frequency of divorce. This is not to downplay the stress and the trauma of the event, especially the trauma felt by any children born from the marriage. Divorce is a battle. We fight over who gets what. We fight about how much will be given away. And most importantly, we fight about what is going to be done with the children. Mother, father, and the court discuss child custody and child care, discovering and determining what the expectations are for jointly taking care of the children in the best possible way. In Indiana, and a majority of other states, the court will use language stating that these determinations must be in the best interests of the child.
Indiana’s Best Interests Statute
Indiana statutorily states the determination of a child’s best interests:
The court shall determine custody in accordance with the best interests of the child. In determining the child’s best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors. Indiana Code 31.14.13
The best interests standard is one of those legal phrases that is open to interpretation. The standard shouldn’t be confusing. Simply, every action performed by the court, at the benefit or detriment of the parents, will be viewed through the best interests of the child lense. During the divorce battle, one may lose sight of the fact that the children of a marriage are only bystanders to the proceedings and the breakup of the marriage and their family. They may want your divorce or not, but in either case their well-being may be more important than your own.
Forgetting about a child’s best interest is a common problem in divorce cases. Parents that decide to get divorced may find that due to the situation in their marriage, divorce was inevitable. Generally, what is not acceptable to the court is a contentious dispute that also drags the children into your fight kicking and screaming. Forgetting a child’s best interests is counterproductive to your case, and most importantly, the children’s well-being. It is best practice to consistently put the children’s best interest before your own.
Examples of Best Interests Considerations
What is a court considering during a best interest analysis? The court considers the most important aspects of living; common sense conditions that most everyone would consider important. For example, the parent’s income is considered. The parent’s amount of money that each parent makes will be considered by the court. A court’s decision regarding income does not mean that the parent who makes the most money “wins.” The best interest of a child will not be served with an absent parent making gobs of money. A poor work-life balance could be a detriment, because such a situation would be unreasonable to the children and to both parties. Another consideration made by the court is location. Moving a child from the only home he or she ever knew may not be in a child’s best interest. However, the circumstances surrounding the divorce may be such that a move would also benefit the child and provide a larger family or an opportunity to improve the custodial parent’s and child’s quality of life.
Contact a Local Danville Divorce Lawyer
In all these situations, the court must weigh all the circumstances. The process is not perfect, which is why it is important to have an experienced family law attorney to help you advocate why your position is best for your children. Indiana divorce attorney Christopher Arrington will help guide you through the entire divorce process and advocate aggressively for your children’s best interests. Call today.