The attorney-client relationship in a divorce case: best interests of the child standard

Friday’s daily focus: divorce and family law

Whenever custody of children is an issue in a divorce, there is one and only one mantra to repeat: the best interests of the child.

Sometimes one spouse will hate the other spouse. Sometimes one spouse will vehemently disagree with the decisions and approaches to parenting of the other spouse. Sometimes a spouse simply wants revenge against another spouse. You get the idea.

No matter about any of that as far as the custody of the children goes – the one and only standard is what is in the best interest of the child. Not what’s in one or the other of the parents’ best interests, or what one parent thinks is best for the child vs. what the other parent thinks. Solely what is in the best interest of the child as the court sees it objectively.

Therefore, one key point to establish with a client at the outset as far as custody goes, the court is concerned only with what is best for the child. Of course, many factors weigh into this, including a parent being abusive or having addiction issues – but the custody isn’t decided on whether one parent is “bad” or “good” but what is in the best interests of the child.

Talk Like A Lawyer

No-fault divorce: a dissolution of marriage without regard to fault

Closing Argument

“Our business in life is not to get ahead of others, but to get ahead of ourselves – to break our own records, to outstrip our yesterdays by our today, to do our work with more force than ever before.” – Stewart B. Johnson

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