How to Carry Out a Best Interest Determination

"The best interest of the child" is the phrase used by judges within the legal system to explain the criteria under which they make their decisions pertaining to child custody cases. A child is protected by laws that state they have a right to a healthy, safe and supportive living environment. When this environment is in danger, a judge may have to interfere and assess whether keeping the child where they are or moving him is in his "best interest." Making this decision can be extremely challenging when there are so many factors to consider.

• 1

  Send a social worker or agent of the court to investigate the living environment of the child. This includes the child's home first and foremost. Take detailed notes and photographs. Look for cleanliness, appropriate available space for living and playing, a bed and adequate access to resources such as food and water. Investigate also spaces where they do or may spend significant amounts of time outside the home, such as school or a separated parent's living quarters.

• 2

  Question the caregivers and child separately from one another about the daily activities of the child and their personal feelings about the child's happiness and wellbeing. Invite a child psychologist or psychiatrist to sit in on or help conduct the child's session to make him feel more comfortable with revealing the truth about his home life.

• 3

  Read the laws of the state in which the case is being handled that pertain to children's best interests. Each state has specific laws set forth that serve as guiding principles under which a best interest determination should be made.

• 4

  Evaluate the information gathered in Steps 1 and 2 by using the principles in Step 3. Physical safety of a child in his current situation should be considered as one of the first crucial issues. Remove the child from his current living situation in instances of physical abuse, starvation, malnutrition or limited access to necessary resources such as water. Consider the emotional effect that a removal from the home would have on the child mentally and emotionally, giving credence to his age. Consult a child psychologist who has spent time with the child for advice on this matter.

• 5

  Assess the alternative living situation in which the child will be placed should they need to be removed from their current home. Investigate first whether adequate care can be found in relatives before immediately assuming foster care as an immediate option.