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LSDefine

Simple English definitions for legal terms

best-interests-of-the-child doctrine

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A quick definition of best-interests-of-the-child doctrine:

The best-interests-of-the-child doctrine is a rule that says when a court decides who should have custody of a child, they should choose what is best for the child's well-being, no matter who the person is. The court considers many things, but usually thinks that a child should live with their parents if possible. This rule has been around for a long time and is important to make sure children are taken care of in the best way possible.

A more thorough explanation:

The best-interests-of-the-child doctrine is a principle in family law that guides courts in making custody decisions based on what is best for the child's welfare, regardless of the claimant's relationship with the child. This means that the court will consider all factors that will benefit the child's well-being and make a decision based on that.

For example, if a child's parents are going through a divorce, the court will consider which parent can provide a stable and safe environment for the child, who can meet the child's emotional and physical needs, and who can provide the best education and healthcare for the child. The court will not automatically favor one parent over the other based on gender or other factors.

The best-interests-of-the-child doctrine has been around for a long time and was established in the early 19th century in the case of Commonwealth v. Briggs. The doctrine is sometimes shortened to best-interests doctrine or best-interest doctrine.

Overall, the best-interests-of-the-child doctrine ensures that the child's welfare is the top priority in custody decisions, and that the court will make a decision that is in the child's best interest.

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