Determining the Best Interests of the Child

Courts make a variety of decisions that affect children, including placement and custody determinations, safety and permanency planning, and proceedings for termination of parental rights. Whenever a court makes such a determination, it must weigh whether its decision will be in the “best interests” of the child.

Best Interests Definition

Although there is no standard definition of “best interests of the child,” the term generally refers to the deliberation that courts undertake when deciding what type of services, actions, and orders will best serve a child as well as who is best suited to take care of a child.

“Best interests” determinations are generally made by considering a number of factors related to the child’s circumstances and the parent or caregiver’s circumstances and capacity to parent, with the child’s ultimate safety and well-being the paramount concern.

Find the Best Interests Definition According to Your Jurisdiction (US & Canada)

Included are PDF's which outline the specific definition of what constitutes the best interests of a child according to your State (US), or for those residing within Canada.

This will be especially useful in planning what to include as evidence to support your claims.