What standard does the court use to determine how to assign parental rights and responsibilities?
The court is obligated to apply the standard of the “best interests of the child.” This means that the court shall, above all else, consider the safety and well being of the child in fashioning the parental rights and responsibilities order. This means that a court is looking at the impact of the order on the child, and not necessarily the preferences or desires of the parent. Title 19-A M.R.S.A. ยง 1653(3) includes a long list of the specific factors that a court must consider when determining the best interest of the child.
Related Questions
- How does the court determine what is in the "best interest of a child" when allocating parental rights and responsibilities?
- How Does The Court Determine Parental Rights And Responsibilities (Formerly Referred To As "Custody" And "Visitation")?
- When can parental rights be terminated? Also, what standard of proof is used?
