Best Interests of the Child
What Does "Best Interests" of the Child
Mean?
How Does the Judge Decide What is Best
for My Child?
What Vermont Law Says is in All Children's
Best Interests
My Ex and I Agree About Custody and Visitation.
Do We Have to Go to Court?
My Ex and I Can't Agree About Custody and
Visitation. Do We Have to Go to Court?
What Evidence Will the Judge Want to Hear
About My Child's Best Interests?
Abuse and Best Interests of the Child
What Does "Best Interests" of the Child
Mean?
"Best Interests" is a legal standard or guide for judges. Judges look at what is in
your child's best interests to decide things like custody and visitation.
Judges look at many factors when deciding what would be in the "best interest" of your child.
How Does the Judge Decide What is Best
for My Child?
The judge considers the law and the information he has about your child. The
judge will take evidence in court about your child. The judge will consider
the evidence about your child, you, and your ex. Vermont law says that there
are some things every child needs. Vermont law says that these things are
in most children's best interests. The judge will consider the evidence about
your child and Vermont law and decide what is in your child's best interests.
What Is Evidence?
Evidence is information that people in a law suit give to the judge in court.
There are several kinds of evidence. You don't have to use them all.
Testimony is one kind of evidence. Testimony is when you or your ex or
someone else like a teacher, doctor, or therapist tells the judge what
happened. Evidence usually can't be what someone who is not in court said.
Photographs, medical reports, and school reports are other kinds of evidence
that you can give to the Family Court Judge to help the judge decide your case.
What Vermont Law Says is in All Children's
Best Interests
The next three paragraphs list the things that Vermont Law says are in most
children's best interests.
If Possible, Your Child Should Have Regular Contact
with Both Parents
Vermont law says that a child should have as much regular contact with both
parents as possible. School schedules, work schedules, the distance between
the parents' homes, and a child's special needs all affect a child's visitation
schedule. What if your ex harmed your child? Read our Abuse and
Best Interests of the Child section later on this page.
If Possible, You and Your Ex Should Try To Agree about
Custody and Visitation
Vermont law says it's best for children if their parents agree about custody
and visitation. The law says that usually whatever the parents agree to is
best for the child. Read more about custody and visitation on our
Custody and Visitation (Parental Rights and Responsibilities)
page.
Child Support Should Keep Up Your Child's Standard of
Living
Vermont law says that your child shouldn't suffer financially after you and
your ex split up. If possible, you and your ex should support your child as
well as you did before. The judge will consider this when deciding about
child support. The court will look at your and your ex's income, expenses,
and earning ability to figure out child support.
My Ex and I Agree About Custody and
Visitation. Do We Have to Go to Court?
No. Do you and your ex agree about what should happen with your child? If
you do, you should write your agreement down. Then you should both sign it
and give it to the judge. This kind of written agreement is called a stipulation. A stipulation
is an agreement that becomes a court order if the judge accepts it.
The judge will read your agreement. If the judge thinks your agreement is
in your child's best interests, the judge will make your agreement into the
court order. Parents often have disagreements about their children. Your
written agreement should say how you will solve disagreements in the future.
What if your ex harmed or threatened you or your child? Read our
Abuse and Best Interests of the Child section later on this
page.
My Ex and I Can't Agree About Custody and
Visitation. Do We Have to Go to Court?
Yes. Do you and your ex disagree about custody and visitation? Then you
will need to have a court hearing. You will give the judge evidence about your
family, and the judge will decide what is in your child's best interests.
What Evidence Will the Judge Want to Hear
About My Child's Best Interests?
You will need to give evidence to the judge in court about your child, your ex,
and you. The judge will listen to the evidence you and your ex give about
your family. The judge will use the evidence to decide what
is in your child's best interests. Then the judge will decide about parental
rights and responsibilities (also called custody and visitation).
The judge needs to hear information about your child, you, and your ex.
The judge needs to know about these particular things:
- your relationship with your child,
- how well you communicate and make decisions with your ex,
- how you help your child have a good relationship with the other parent,
- how you help your child keep up important relationships with family and friends,
- your child's current housing, school, and community,
- parenting skills,
- personality,
- how much care each parent provides for your child,
- ability to keep up your home, and
- any abuse.
Next we describe each of these things in more detail.
Your Child's Relationship with You and with Your
Ex
Can you give your child love, affection and guidance? Guidance can mean
different things. Is your child very young? Guidance may mean making good
decisions for your child. Is your child older? Guidance may mean helping
your child make good decisions for himself. Guidance may also mean setting
limits for your child.
Making Decisions and Communicating with Your Ex
A parent needs to be able to talk to and listen to the other parent whenever possible.
You should try to show the judge that you are willing and able to help your
child have a good relationship with your ex. The judge also needs to know
that you can talk to your ex about your child. What if your ex harmed or
threatened you or your child? See our Abuse and Best Interests of the Child
section later on this page.
Your Child's Relationships with Relatives,
Community, and School
What important relationships does your child have with relatives and other
people? How are your child's home, community, and school helping your child?
How would your child respond if he had to move or change schools? How have you
and your ex helped your child have good relationships? How will you help your
child keep these relationships in the future?
What the Judge May Consider About your Child's
Important Relationships, Community and School:
- where you live,
- where your ex lives,
- how far it is between where you and your ex live,
- transportation,
- where your child goes to school,
- your child's school schedule,
- your work schedule,
- your ex's work schedule,
- your child's relationships with others (for example,
brothers and sisters, grandparents, aunts and uncles),
- your community, and
- your child's needs.
Who Is Your Child's Primary Caregiver?
Is your child very young? Does your child have special learning, emotional,
or medical needs? Does your child have a disability? Tell the judge how old
your child is. Tell the judge about any special needs or disabilities your
child has. Explain how you and your ex have met your child's needs. Tell
the judge who mainly cares for your child. Caring for your child means doing
things for your child that your child can't do himself. Caring for your child
includes:
- feeding,
- dressing,
- cleaning,
- teaching,
- taking your child to the doctor, school, or lessons, and
- protecting your child.
If the judge decides that one parent is the primary caregiver, he will
usually give that parent custody.
Keeping Up A Home
The court will usually order the parent who doesn't have custody to pay child
support. The child support helps the parent who has custody to keep up a home
for the child.
Can you give your child a safe, stable home? Making a safe and stable home
includes:
- paying bills,
- getting your child where she needs to be on time and picking her up, and
- making sure your child has proper food, clothing and other things she needs.
Do you want to learn more about Custody and Visitation? Go to our
Custoday and Visitation (Parental Rights and Responsibilities) page.
Abuse and Best Interests of the Child
Did your ex ever use violence, yelling, or threats? Victims are often
intimidated by the person who harmed or threatened them. Victims sometimes
agree to an order that isn't in their child's best interests because they are
afraid or they want to avoid a fight.
Children suffer emotionally when they see violence or threats or their parent
is abused. Even if the child doesn't see the abuse directly, the child can be
hurt by it. When a parent abuses another parent, it's likely that the abuser
will also abuse the child.
Did your ex threaten or harm you or your child? You should get a lawyer to
help you with your case if you can.
Has your ex harmed you or your child?
You should talk to a lawyer if you can
before you agree to anything or go to court.
Call Vermont Legal
Aid at (800) 889-2047.
You may qualify for free legal help.
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Child Abuse
Parents need to protect their children from people who might harm them. Has
anyone harmed your child? Did you or your ex ever harm your child? The judge
needs to know about abuse and how it affected your child.
Do you believe your child would be physically harmed by contact with your
child's other parent? Do you believe you need to limit your child's contact
with the other parent to protect your child? You will need to give evidence
in court that explains how your child would be harmed by contact with the other
parent. You need to tell the court about the child abuse so the court can issue
orders to protect your child.
Vermont Law Help, 2008.
This is a website about Vermont law. We give this information
as a public service. It is not legal advice. We are not acting as your
lawyer.
Always consult a lawyer, if you can, before taking legal action.
