Simple English definitions for legal terms
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Best interests of the child: When parents are fighting over who gets to take care of a child, a court will use the "best interests of the child" rule to decide. This means the court will look at things like where the child will be happiest and safest, how much money each parent has, and how well each parent has taken care of the child in the past. The court will use all of this information to decide which parent should take care of the child and how much the other parent should help out.
The best interests of the child is a legal principle used in custody cases when parents are fighting over who should have custody of their child. The court uses this principle to decide which parent should have custody, what kind of visitation rights the other parent should have, and how much child support should be paid.
The court considers many factors when deciding what is in the best interests of the child. These factors can include:
For example, in a New York case called Gibson v. Greene, the court looked at factors like stability, the quality of the home environments, past performance of each parent, and each parent's fitness. In another New York case called Ross v. Ross, the court considered the child's relationship with each parent, the parents' ability to provide for the child's needs, and the child's wishes.
Overall, the best interests of the child principle is used to make sure that the child's needs and well-being are the top priority in custody cases.