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Child interests and fathers’ rights concerning child custody

| Oct 7, 2015 | Fathers' Rights

As some Montgomery county fathers know all too well, trying to get an appropriate level of child custody can lead to a dispute. These disputes can originate for a multitude of reasons, however the answer to many fathers’ child custody disputes may reside with a decision in family court. When the courts look at requests for a change in child custody there are many factors weighed into consideration before making a decision. A large part of the decision has to do with what is in the best interest of the child.

A child’s best interests has a particular description in the legal world. Many factors are compiled to determine a child custody solution that has the ultimate goal of fostering and encouraging the child’s happiness, security, mental health and emotional development. Theoretically speaking, this would include a healthy and loving relationship between the child and both parents. Because of this, fathers seeking a closer custody relationship with their child should not be deterred.

For some fathers this means establishing paternity. For others it means moving from a visitation relationship to split custody. Some fathers seeking rights are so inclined to seek primary custody of their son or daughter. Whatever the situation, many fathers already have their child’s best interest in mind and just need to apply that to the legal situation they may find themselves in to achieve their desired custody situation.

A court may base the best interests of the child on the wishes of the child, mental and physical health of both parents or guardians and need for a stable home environment, just to name a few factors. There are many other factors that may sway a court’s child custody decision. While parents can make suggestions as to their needs in relation to the child’s, the child’s happiness and safety will always trump these suggestions. The suggestions from either parent may or may not be in line with the child’s best interests.

Source: FindLaw, “Focusing on the best interest’s of the child,” Accessed on Oct. 4, 2015


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