The Four Cornerstones of a Child’s Best Interests

We’ve all heard that a custody or visitation case is decided on the basis of the “best interests of the child.” In Maryland, what those “best interests” are is based on a list of several factors and the opinion of the judge. Recently, though, the Maryland Bar Journal (January/February 2012) featured a sensational article by the Hon. Diane Leasure, Alisa Gross Cummins, Esq., and Keith Schiszik, Esq. that made applying those factors sensible for lawyers and judges alike (Custody and Visitation Cases: How to Serve the Child’s Best Interests). The authors suggested applying four simple decision-making tools to decisions about children. Their suggestions make sense for parents going through a divorce or custody case as well as to Maryland divorce and custody lawyers and judges.  If you are making a decision about your child during a divorce or custody case, or you’re about to accuse the other parent of doing something wrong, whatever it is, apply these tests to the issue to see the situation from your child’s eyes:

• Does the issue promote, “a sense of personal safety and security,” for your child;
• Does it develop or enhance his or her interpersonal skills?
• Does it support his or her intellectual abilities (or help the child move through disabilities more successfully)?
• Does it enhance your child’s (nor your) sense of self-worth.

Whether you are bargaining for more time with your child, less time for the other parent, arguing about a choice of school or daycare, applying these child-centered principles to your decision-making can make you a better parent and give you persuasive clout in your custody and visitation case.