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What does it mean in family law when they say “best interest of the child?”

In family law, the phrase “best interest of the child” refers to the legal standard that courts use to make decisions about child custody, visitation, and child support. This standard is based on the principle that the child’s best interests are the primary consideration in all family law matters.

The best interest of the child is not a specific definition, but rather a flexible standard that allows courts to consider the unique needs of each child and family. However, there are a number of factors that courts typically consider when making best interest determinations, including:

  • The child’s physical and emotional health
  • The child’s relationship with each parent
  • The child’s educational and extracurricular needs
  • The stability and safety of each parent’s home environment
  • The ability of each parent to meet the child’s needs
  • The child’s wishes, if they are old enough and mature enough to express them

Courts will also consider any other factors that they believe are relevant to the child’s best interests.

The best interest of the child standard is used in a variety of family law matters, including:

  • Divorce and custody proceedings
  • Child support determinations
  • Termination of parental rights proceedings
  • Adoption proceedings

In each of these cases, the court must make a determination of what is in the best interests of the child before making a decision.

It is important to note that the best interest of the child standard is not always easy to apply. In some cases, there may be conflicting factors that make it difficult to determine what is best for the child. In these cases, the court must weigh all of the factors involved and make a decision that they believe is in the child’s best interests.

If you are involved in a family law matter, it is important to understand the best interest of the child standard. This standard will be used by the court to make decisions about your child’s future. It is important to consult with an experienced family law attorney to discuss your case and to learn more about how the best interest of the child standard may apply to your situation.

If you have any questions about child support in Florida, you should consult with an attorney.

Family Law can be complicated and frustrating, navigating the system can be costly and burdensome. At Tumarkin & Burns, P.A. of Osceola County, Florida we’ve seen it all and helped hundreds of family law clients. If you need help or have questions, we are here to help. Simply click here and schedule an appointment with our team. 

This is for informational purposes only, not to be construed as legal advice.


We write our content using AI which is then reviewed by a human. Sometimes mistakes happen and the incorrect information is published. The content on this website does not constitute financial, legal, medical, or any other professional advice. Users should consult with the relevant professionals for specific advice related to their situation.