How Do You Prove Best Interests of the Child?

To prove that you are capable of acting in the “best interests of the child,” you need to establish that:

How Do You Prove Best Interests of the Child?
  1. You can provide ideal living conditions for the child’s well-being and growth.
  2. You pay attention to the child’s preferences.
  3. You don’t neglect your child.
  4. You have always been actively engaged in the child’s well-being.
  5. You have kept a log of how you fulfilled your parental duties.
  6. You have witnesses who can confirm that you can be and will be an ideal custodial parent.
  7. You were and are physically and mentally fit to take care of the child.
  8. You will be fair to the other parent.

To prove that you are fit to get child custody, the court has to believe that you deserve custody because you have the capabilities to serve the child’s best interests more than or as much as the other parent. And for that you need to establish the following:

Providing Ideal Living Conditions for the Child’s Well-Being and Growth

This includes:

  • Providing adequate and nutritious food, clothing, and medical care (physical and mental health)
  • Providing the child a safe, stable, and secure home
  • Providing the child with a clean environment at home without compromising on the facilities the child enjoyed before your divorce
  • Providing the child with safe and reliable childcare at times when you are not available in person
  • Protecting the child from any arguments/conflicts with your ex-spouse
  • Addressing all concerns and protecting the child from anything that could harm him/her emotionally or physically – for example, guns, pornography, domestic violence, drugs/alcohol, etc.
  • Always being on the right side of the law
  • Not exposing the child to your “new partner” when you feel it could disturb the child emotionally

Paying Attention to the Child’s Preferences

A few examples:

  • Cooking or ordering the child’s favorite foods, alongside, encouraging healthy eating habits
  • Taking the child out for his/her favorite extracurricular activities
  • Taking the child to meet the friends/relatives he/she is fond of
  • Encouraging and helping the child make the right choices regarding his/her preferences

Not Neglecting the Child

This includes:

  • Not abusing or neglecting the child’s physical or emotional needs, nor allowing or enabling any third party to abuse the child emotionally or physically
  • Making timely decisions that can help the child become a self-sufficient adult

Actively Being Engaged in the Child’s Well-Being

This involves:

  • Attending promptly to the child’s healthcare needs (taking him/her for regular health check-ups, including dental health)
  • Being actively involved in the child’s school activities
  • Spending “quality” personal time with the child, including time during holidays/vacations

Keeping a Log of How You Fulfilled Your Parental Duties

This is done by maintaining an offline or online journal (along with photos/videos) where you have recorded how exactly you fulfilled your parenting duties (for example, helping the child with school homework, preparing his/her favorite meals, taking the child for doctor’s appointment, etc.)

It is also a good idea to keep a Google calendar of the time you have had your child, just in case there is ever a question about parent-time between you and the other parent.

Confirmation from Witnesses that You are an Ideal Custodial Parent

Witnesses who know you can validate that you have always taken good care of the child, played a significant part in your child’s life, or confirm any other fact that is likely to help your child custody case. They can also give you a “character reference” letter in which they give their opinion on why you are an ideal custodial parent.

Being Physically and Mentally Fit to Take Care of the Child

You can prove this by:

  • Providing medical records that suggest that you are emotionally and physically fit to care for the child
  • Providing the courts with a parenting plan that proves you are committed to the child’s well-being and growth

Being Fair to the Other Parent

This implies:

  • Being respectful of the other parent’s rights and not obstructing, directly or indirectly, his/her visitation – the courts want to see the parents support and develop the love, affection, and emotional bond they individually share with the child
  • Not bad mouthing the other parent to the child or disclosing to the child that you are engaged in a conflict with the other parent
  • Not asking the child to “spy” on the other parent
Share This Story, Choose Your Platform!
About the Author: Keith Bruss
69ef10e1d3d94038c0f47abe7a156312?s=72&d=mm&r=g

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

Brown Family Law
Excellent
4.8
Based on 869 reviews
I had a great experience working with Amy Pomeroy at Brown Family Law. From the start, she took the time to listen to my concerns and made the entire process as easy, comfortable, and stress-free as possible. The legal advice was clear, and I always felt like I was in capable hands. The team was incredibly responsive and made sure to explain everything step-by-step. I especially appreciated the weekly check-ins, which kept me informed and reassured. I truly valued their professionalism and dedication. I highly recommend Brown Family Law to anyone in need of a skilled and reliable divorce attorney
Response from the owner: Thank you, Jessica. Glad Amy communicated and kept you so well informed.
Had a courtesy lunch with Marco yesterday, you cannot expect a sharper, more down to earth, genuinely good guy. He's highly analytic and it is extremely evident he knows what he is doing, and is the best at it. He demonstrates high conscientiousness while still getting straight to the point. He is where he is because he knows the law, has won cases, and cares about the people all around him.
Response from the owner: Thank you, Luke. Very kind.
Clay with Brown Family Law was great to work with. Very professional and personable. Would highly recommend.
Response from the owner: Lacey, glad Clay was able to help you with your case. Thank you.
I had a great experience with Brown Family Law! I felt supported and appreciated as a client. I would highly recommend to anyone needing a family lawyer. Thank you Brown Family Law!
Response from the owner: Cammie, so glad we could help.
I wholeheartedly recommend Brown Family Law, especially Anne Greyson as your attorney. I am incredibly grateful to Anne, my attorney, Idania Blandon, the paralegal, and everyone at Brown Family Law for their outstanding work. Anne made the entire process easier to navigate. I was consistently kept updated on my case through texts and emails. Whenever I had questions or concerns, Anne was quick to respond and offered exceptional advice.The kindness, support, and compassion she showed me were invaluable during this journey. Five stars don’t do justice to Anne’s contributions; there aren't enough stars in the universe to reflect her dedication and hard work. Anne's professionalism was evident, and she helped me achieve a resolution that far exceeded my expectations. If you're seeking a reliable attorney, look no further than Brown Family Law, and trust that Anne is the right choice for you.
Response from the owner: Bradley, thank you for the kind words. Anne-Grayson worked hard for you.
Andrew, Carren and the whole team were fantastic to work with
Response from the owner: Thank you, Keegan.
I truly had a great experience working with Daniel and Carren. Divorce and lawyers are never where you want to end up, but they really made the whole process bearable. They always communicated with me, responded to messages, and were clear about what they were doing.Loved them but also hope I never have to see them again, you know?
Response from the owner: Jordan, I hope we never see you again either (that's a joke, but seriously), but I'm glad Daniel and Carren helped you so well with your divorce.
This law firm was so helpful in referring to other resources. Thank you so much!
Response from the owner: Anika, glad we could help you.
I really recommend brown family law their professionalism and hard work went above and beyond my expectations. Russell Yauney Connor Schetzel did a AMAZING job on my custody case I really recommend Brown Family Law 100%. Every time I had a question they were there to answer my questions.Thank you brown family law.
Response from the owner: Andrea, thank you and we're happy Russell and Connor were able to answer all your questions and help you with your case.
Ray and this firm did an outstanding job. He represented me and my children, he was supportive and on top of everything. He was so prepared and I always knew what was happening. This law firm and Ray and his team was absolutely an answer to prayer. We are so thankful for them!
Response from the owner: Sydnee, thank you. Glad we could help.
I cannot thank Brown Family Law enough for their exceptional support during one of the most challenging times in my life. Daniel Brown was my attorney, and his professionalism, compassion, and expertise made the entire divorce process so much easier to navigate.Daniel took the time to explain every step of the process, answering my questions with patience and clarity. He was always responsive and made me feel like a priority, which gave me the confidence I needed to move forward. His attention to detail and ability to handle the complexities of my case were truly impressive.Thanks to Daniel and the team at Brown Family Law, I was able to achieve a resolution that I felt was fair and in my best interest. If you're looking for a family law attorney who is knowledgeable, supportive, and genuinely cares about your well-being, I highly recommend Daniel Brown and Brown Family Law. Thank you for everything!
Response from the owner: Tyler, so happy Daniel was able to help you and make you feel like a priority.
Very helpful to my family and understanding of our needs.
Response from the owner: Bill, glad we could help you and your family.
Brown Family Law really cares about their clients! Ray goes above and beyond to make sure you know what is going on and understand each step of the process. He'll answer each question honestly so you have a realistic expectation of the outcome. I hope to never need his services again, but if I do, he is the only one I'll work with. Thanks Ray!
Response from the owner: Amy, grateful Ray gave you straight answers and helped you so well.
Brown Family Law is an excellent choice for those in need of Family Law services. I was so overwhelmed when searching but they made the process very understandable and somewhat comforting. Ray and Carren were amazing! The communication couldn’t have been better. Thank you Ray, Carren and Brown Family Law for helping me through one of the most stressful events I’ll ever endure. I couldn’t have done it without you!
Response from the owner: So grateful for your recommendation, Ryan. Thank you.
Thank you very much for the personal attention, preparation, caring, counseling, and understanding. Divorce is difficult, especially with family, yet you held our hand through the entire process and helped us. Thank you.
Response from the owner: Curtis, thank you for your kind words.
Ray Hingson and his paralegal and team are top notch! I have nothing but all amazing things to say about them! Not only was Ray Hingson and his paralegal amazing at getting me what I needed in my divorce they far beyond exceeded my expectations! Will use in the future if needed but that’s doubtful because of everything they did for me. Thank you thank you thank you!
Response from the owner: So glad Ray and Carren served you well, Candy.
I called a number of attorneys in order to get a divorce. Most would call once and then not return phone calls. It was entirely frustrating. When I called Nathaniel at Brown Family Law, everything was easy. He and Carren were friendly and personable and, most importantly, quick and efficient. It took a total of eight weeks and two days and blammo! I was divorced.
Response from the owner: Kiki, thank you for your recommendation.
Great attorneys who care about their clients!
Response from the owner: Thank you, Karen.
Nathaniel was a great and answered all my questions and I am confident we’re heading in the right direction.
Response from the owner: Thank you and we're glad Nathaniel has been so good at giving you the answers you need.
Nathaniel is amazing at family law! Highly recommended checking them out!
Response from the owner: Thank you, Lexi.
I have worked closely with Marco Brown and Nathaniel Garrabrandt in many capacities. I refer family, friends, and clients to Brown Family Law because I know they will be taken care of by attorneys that understand the law and know how to effectively advocate for their clients. Highly recommended!
Response from the owner: Aaron, thank you. We appreciate your trust.
I can't say enough good about this group. At the end of the day, Ray Hingson went out of his way to make everything run smooth. Even though the other firm encouraged and allowed them to use character assassination as a tactic, Ray stayed above the fray and made sure things were fair for both parties. If you want integrity and fairness for everyone involved these are your guys.
Response from the owner: Brandon, thank you for the recommendation. Glad Ray was able to help you.
Tarl Johnson was incredible! He was professional, thorough, and explained everything in a way I could easily understand. I left the meeting confident and informed. Highly recommend!!!!
Response from the owner: Thank you for your kind words.
Andrew Christensen was an amazing advocate. He had my best interests in mind, he listened, kept me informed, made time for me, and had all the answers. No detail escaped his notice. He saved me time and money and I felt taken care of. I highly recommend Andrew to anyone.
Response from the owner: Jamie, so glad Andrew was able to help you.
I would absolutely recommend Brown Family Law. In my situation, I paid the consulting fee and met with an attorney. In this meeting, the attorney was very kind and honest. After going through the details of my concerns, he informed me that it was highly likely that taking my concerns to court would cost more than what I'd see back. He also offered to refund the original consulting fee. I felt heard and trusted the advice he provided and decided to not move forward. I felt so much better after just talking with him even though the outcome wasn't what I wanted. At least I know now and am not constantly wondering. Thank you Brown Family Law for giving me peace of mind and for being so trustworthy.
Response from the owner: Mindy, thank you and glad Clay made you feel heard.
Daniel young was absolutely fantastic to work with and I would highly recommend him.
Response from the owner: Jaiden, glad Daniel was able to help you with your case. Thank you for your recommendation.
Great to work with, thanks for everything
Response from the owner: Aaron, glad we could help.
Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.
Response from the owner: So glad Nathaniel was able to serve you through your divorce.
Best attorney ever. They were so helpful and responsive
Response from the owner: Thank you, Shaun.
Highly recommend working with this group. Professional and communicative.
Response from the owner: Thank you, Rachell.
So grateful for Nathaniel and his paralegal Carren for helping me get thru my divorce, they were so professional, and kept in contact to update me twice weekly. I would highly recommend them.
Response from the owner: Carol, thank you. Glad Nathaniel and Carren helped you.
Anne-Grayson was wonderful to work with very understanding
Response from the owner: Thank you, David.
Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!
Response from the owner: Anthony, thank you for the recomnendation, and we're happy Andrew served you well.
Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel
Response from the owner: Thank you.
Met with Daniel and he was amazing. He answered every single question I had and never made me feel dumb for the questions I was asking. He made things very easy to understand and follow. So grateful! Keep up the great work!
Response from the owner: Kayla, thank you and so glad Daniel was able to answer your questions and help you.
Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.
Response from the owner: Thank you, Mariposa. Glad Carren and Daniel took such good care of you.
js_loader

Schedule a Consultation


What Makes Us Different

At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.