Family law
Best interests of the child
The standard courts use to decide custody, time-sharing and visitation: what arrangement is best for the child, rather than for either parent.[1][2]
In more detail
Texas makes the child's best interest the primary consideration in conservatorship and access decisions.[1] Florida applies it to parental responsibility and time-sharing and lists factors courts weigh.[2] California's courts note that judges decide custody based on the child's best interest, with special rules when there has been domestic violence.[3] Parents in mediation can use the same lens.
Varies by state
Each state lists its own best-interest factors. Find your state’s rules.
Related terms
- Parenting planA document setting out how parents will raise their child after separating: how decisions are made about things like school and health care, and a schedule of time with each parent.
- Legal custodyThe right and responsibility to make important decisions about a child, such as health care, education and welfare.
- Physical custodyWhere, and with which parent or parents, a child lives.
- Guardian ad litemA person a court appoints to look out for a child's best interests in a case, for example by investigating and interviewing people who know about the child's welfare.
- Child custody evaluationAn evaluation, investigation or assessment a court orders to help it decide what is best for a child's health, safety and welfare in a disputed custody or visitation case.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Best interests of the child: Definition. https://mediationlist.com/glossary/best-interests-of-the-child/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.