Best Interest- Elizabeth Warren, Esq LLC. Page 1 of 2

Understanding “Best Interest of the Child”

Elizabeth Warren, Esq. LLC 5354 Cemetery Road, Hilliard, OH 43026

Hilliardfamilylawoh.com T: 614.771.6000

As a parent, nothing can be more disempowering and invasive than having

a court review your parenting style and make decisions about your child’s

care. Courts will site that they are reviewing the case under a “best interest

standard’ but what does that actually mean?

This information sheet aims to explain “best interest” as well as give some

tips on managing parenting under the best interest standard.

What is the law?

Best interest standard is a set of factors that the court uses to justify and

explain how the court determines issues of custody, parenting time, residential

parent and other general issues. The court looks at the factors below on a case

by case basis.

Wishes of the child (if old enough to capably express a reasonable

preference);

Mental and physical health of the parents;

If a child has special needs, how does each parent take care of those needs;

Religion and/or cultural considerations;

Need for continuation of stable home environment;

Other children whose custody is relevant to this child's custody

arrangement;

Support and opportunity for interaction with members of extended family

of either parent such as grandparents;

Interaction and interrelationship with other members of household;

Adjustment to school and community;

Age and sex of child;

Is there a pattern of domestic violence in the home;

Parental use of excessive discipline or emotional abuse; and

Evidence of parental drug, alcohol or child/sex abuse.

Quick Tips

1. Make sure you are present with

your kids. Your court case will take

months, and in sometimes years.

Do your best to spend quality time

with your children and put aside

the case as much as possible.

Don’t let their childhood become

about “the case”.

2. Document; but don’t instigate.

Keep a journal, or a calendar of

issues as they arise (ie: late pick

ups, missed events, general

impressions). But don’t go

overboard. Do not video tape, try

to trap your ex in statements, or try

to get information from your

children.

3. Take care of yourself! You can't

always control the circumstances

that life throws your way, but you

can control how well you take care

of yourself.

“Children have never been very good at listening to their elders, but they have never failed to imitate them.” ― James Baldwin

Best Interest- Elizabeth Warren, Esq LLC. Page 2 of 2

Now what?

No one expects you or any parent to be perfect. Don’t beat yourself up for any

past mistakes, learn from them and focus on moving forward. Use the space

below to brain storm ideas.

MY SUPPORT COMMUNITY: Don’t isolate yourself….identify folks that are loving and supportive and explore how many people you are surrounded by who care!

“If I could create a team of supporters, who would that be?”

_______________ _______________

_______________ _______________

_______________ _______________

_______________ _______________

FOCUS ON THE NOW/RELIEVING STRESS They don’t call it a “legal battle” for nothing. Expect many ups and downs. The greatest thing you can do right now is use this experience to learn how to manage stress and become more present. This will help sustain you in the upcoming months and years, and model great self-care.

“What brings me joy right now?”

Activity/Person What I need to start now

1. _____________________ _________________________

2. _____________________ _________________________

3. _____________________ _________________________

4. _____________________ _________________________

SHIFTING: NEXT STEPS

Today: ___________________________________________________

This Week: ________________________________________________

This Month: _______________________________________________

Take a break! Coloring and other playful activities are known to reduce

stress and help with focus.

Resources

If you want to dig deeper? Here are some great resources.

Books:

Crazy Time: Surviving Divorce and Building a New Life, Third Edition

Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder

Websites:

http://outofthefog.net/

http://www.wikihow.com/Co-Parent-With-an-Ex

gallupstrengthscenter.com/ Home/en-US/Parenting

(This is for information purposes only: Elizabeth Warren, Esq. LLC does not partner or specifically endorse these resources.)