When child custody is an issue, the best interest standard is the court’s statutory framework, directing a judge to analyze specified factors and then determine custody of children. The judge is supposed to be unbiased, give due consideration to the best interest statutory factors, weigh alternatives and enter orders determining child custody, decision making, the need to consult with the other parent, and other important child focused considerations.
After assessing these factors the best interest of a child is to be determined and orders entered. However, where there is domestic violence or allegations of child abuse this broad statutory power by the court may be problematic and revisions may need to be considered by the legislature, limiting a judge’s discretion.
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