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A child's best interest


xxcristina09 1 / -  
Nov 9, 2015   #1
Every state in the U.S uses "best interest in a child" in cases that include disputed custody. It gives the family court judges a better understanding when deciding where a child will reside. There are many factors that family court judges need to consider before making a decision on a child's life. Each family court judge takes into consideration many questions and concerns that there might be with the parents. "Best interest" has a particular meaning when it comes to family law and making arrangements for the children involved.

In my research there seems to be many more cases with divorce and custody issues now than there were before. Some parents believe that sharing equal custody of the children in fact is in their best interest. They believe that the children should live 50/50 with each parent. They do not think that it is an issue because the children have been accustomed to spending equal time with each parent. The argument with that is that those parents don't realize that both parents aren't equally as important. There is always one parent who does more for their children. Parents also have a different way of parenting, which confuses the children. The kids have to constantly pack their bags and go to the other parent's house for half the time and then pack again to go back. Family court judges tend to look at many factors that a lot of parents miss.

When it comes to the main focus of a child's "best interest" this means that visitation and custody discussions and decisions are made with the goal to make sure that the child is happy, secure and their emotional and mental health aren't affected. The family court judges look at a child's "best interest as maintaining a close and loving relationship with both parents. This can be very challenging when it comes to settling this issue at family court. It is very important that the parents keep their focus on the importance of making decisions together in regards to their children. Any choice made will affect the child's development and the relationship the child has with each parent.

Factors that family courts judges determine when it comes to a child's best interest are; the wishes of the child when the child is of age to make the choice. There is no specific age that a child has to be to make their own choice when it comes to choosing what parent to live with. Family court judges also look into the mental and physical health of the parents. Judges want to make sure that the parent is stable and does not have any drug issues or violence issues that can harm the child. Stability is very important when it comes to making a decision on where the child will reside. A judge wants to make sure that the parent has a stable home and room for a child to reside. Adjustment to the school and home is also very important. The judge wants to see how well a child can get adjusted to their school and their home. They want to make sure that the child doesn't go through depression.

While doing some research on my topic I came across an article that expresses both pro's and con's in a child custody situation. The author made an eye opening example when she stated "'to parents who think it's a good idea to share parenting, I say, "OK then, and let the child stay in the house and you two swap houses every week. They don't want to go backwards and forwards; they have their own lives." Parents need to understand that joint custody causes anxiety for the kids. The children are the most affected when it comes to divorce. Splitting equal time with them is only a harder part you put a child through. Statistics have shown that kids who live equally in two separate homes do suffer. The article states a part where a teacher noticed her student who seemed distraught and wasn't concentrating at school.

Family court judges make very important decisions when it comes to a child's parenting time. They don't know the children. All they know is the information and evidence that they are presented with at court. At times when both parents can't come into an agreement about their child's best interest, the family court judge will make that decision for them. It is not easy for the child. The child has to learn to adapt to the schedule the family court judge granted.

I have personally been in this situation more than twice and have experienced what issues arise about the children and parents. Going through family courts makes it very difficult for parents to get along. They fight over their children and in the process many parents involve their children. Some parents also tend to keep the child from the other parent until the family court judge makes a decision. Parents who do this can get into a lot of trouble with the family court judge. No judge likes to see a parent withhold a child against the other parent. The family court judge tends to look at it as if that parent is not willing to co-parent or share parenting time. That raises a red flag in many cases. Family court judges want to see if two parents can put their feelings and anger aside in order to co-parent for their children. The family court judges also look at which parent is more able to follow orders.

One of my interesting sources comes from "Best Interests of the Child, "" Child Custody Project. Andrew Schepard, 28 Jan. 2014. Web. 16 Oct. 2015. This author makes a clear understanding on what goes on in and out of a courtroom. This also explains the best interest of a child as a moral imperative and necessity for society. It also shows the pitfalls and concepts to a healthy and mental relationship. This article does provide some of the personal experience that I have gone through. There are many emotions that go in when it comes to custody. You have to mentally be prepared for it. It can be very stressful and expensive. This author fully explains that and warns people about it. I have personally suffered from servere anxiety and depression when I went though this myself. I went through it as a child and I can personally say that it is the most heartbreaking thing to go through. Seeing my parents separate was just as tough as seeing them fight and argue in front of us and taking us from each of them. This article explains in detail of the issues there are to come when dealing with family court issues.

In my research I have interviewed a friend who went through child custody issues. Brittany stated that this is a very long and stressful thing to go through. She also stated that when the judge granted equal custody of both of her children in the summer, she started noticing her children having transitioning issues. They were getting violent with other children. They were also unable to eat or sleep at night. Her children are five and seven years old. She also stated that her children were having issues, listening to their daycare teacher. She stated that they were going through depression. The children were confused dealing with the fact that they had two different homes, two different sets of rules and two different parent behaviors towards them. In my interview I also asked Brittany if she had any issues with the parents. Brittany stated that before the courts got involved, she was getting along well with the children's father. She stated they all co-parented well and never had any issues. Brittany stated that the issues started when she asked the father to pay for half of the children's daycare. She involved the courts once the father refused to help financially. She stated that it was then when the father decided he wanted more parenting time with the child.

Brittany also stated that the father does not spend much time with their children. She stated that the father leaves the children at multiple homes during his parenting time so he can go out and party. Brittany believes that her children suffer from adjustment because they are in multiple houses during father's parenting time. She also stated that father was willing to give her full custody if she denied any child support from him.

In my research I have noticed that many parents seek for more parenting time in order to reduce child support payments. I researched an article written by Cathy Myers titled "He Wants More Time with His Kids So He Can Pay Less Child Support?" This article became interesting when I started to question it myself. I realized that there are so many cases where the father has to pay child support and they know that in order to lower the payment they need more time with their child. I have done research and realized that most fathers don't want to physically spend time with their children that they just want the days on a child support calculator so they won't have to pay as much. Many child support judges do realize that it is a main issue with some parents. Judges tend to be reasonable with parenting time to an extent. Judges also don't care to hear a parent complain about barely having enough money to eat. They have heard so many excuses from parents as they don't believe any of them. Brittany's case seems to be very similar to this one.

In my opinion I believe that focusing on just child support causes the majority of the conflict between the parents. If one parent is going to be paying child support, that parent tends to block out anything that is in the best interest of their child. They only see the money issue. That parent will also try to make the other parent seem as if they are the worst parent in the world in order to gain custody of the child and not pay any child support. Some parents will do the impossible just so they won't be stuck paying child support.

The conclusion of this essay is that we need to always seek for the best interest of a child when divorce happens. They are the most important people who need the most attention. Children need stability and they need one home. Both parents can always be involved in the children's life in all events. Granting joint physical custody is not in the child's best interest. Children who have stability don't suffer from anxiety or stress. They know that they can always call one place home. I am really hoping that parents who go through this will really focus on the child's best interest versus arguing with the other parent and taking the child from them. I am hoping that co-parenting is more successful and people can handle the situations out of court. I really believe that parents can get along for the sake of their children. I do believe that people will benefit from this information and help them in the long run. I believe that I can help parents who cannot get along with each other.

Parents who can get along with each other after a divorce have a better chance at focusing what is best for their children together. Parents know their children more than a family court judge does. They know where the child should primarily live. They also know that their children can be affected with the divorce. A family court judge doesn't always have to be the one to decide the best interest of their child. If two parents can see past their issues to better their children's lives, they will put their feelings aside to ensure that their children won't be suffering from the separation as much.

There are many answers that parents can find if they research online. There are also many family law attorneys who do free consultations where they can legally give them answers that they are looking for. Hiring an attorney is always recommended when going through child custody. Attorneys can be very pricy and cost a lot of money but they do tend to reduce the stress on parents. They take over the whole process for them. They also can be there for their clients as much as possible.
vangiespen - / 4,134 1449  
Nov 11, 2015   #2
Cristina, your essay has a very enlightening topic involved in its discussion. You have presented more than enough food for thought for the reader and the person who will be grading this research paper. The fact that you have experienced the situation you are discussing makes it even more compelling and informative. However, the paper suffers from a severe case of what I believe can be called, "a lack of academic credibility".

Throughout the essay, you make reference to various court or legal definitions, processes, and considerations that need to have come from an academically acceptable source. So when you share information such as:

When it comes to the main focus of a child's "best interest" this means that visitation and custody discussions and decisions are made with the goal to make sure that the child is happy, secure and their emotional and mental health aren't affected. The family court judges look at a child's "best interest as maintaining a close and loving relationship with both parents.

You need to properly cite and reference the information within the essay. You already did something like this when you said :

One of my interesting sources comes from "Best Interests of the Child, "" Child Custody Project. Andrew Schepard, 28 Jan. 2014. Web. 16 Oct. 2015.

So I can tell that you have an idea or are cognizant of the fact that you should be citing sources. You just did not do it properly in this case and accidentally omitted it in the other parts of the essay. If you can just provide the correct citations in-text, the paper will develop more credibility as a research document.

In the part of the essay where you mention that you have lived in this particular situation twice, if you won't feel very uncomfortable sharing a few declassified details about the situation that you experienced, you will add your own voice to the essay and show the reader why you are so involved with the topic you are discussing. By connecting your personal experience with the discussion, the essay not only becomes academic in nature, but also offers a social insight in the effects of the family court custody decision regarding the "best interest" of the child.


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