WHAT IS THE BEST INTEREST OF THE CHILD?
APPLICATION OF THE BEST INTEREST PRINCIPLE IN THE LEGAL SYSTEM
In practice, this principle is translated into a series of guidelines and criteria that judges and authorities must consider when making decisions regarding custody, adoption, guardianship, and any other situation involving minors. Some of these criteria include:
- The child’s right to maintain personal relationships and direct contact with both parents: Unless such contact is contrary to the child’s best interest.
- The child’s opinion: Depending on their age and maturity, the child has the right to express their views and have them duly considered.
- The need to guarantee the child’s safety: Protecting them from all forms of abuse, neglect, or exploitation.
- The child’s emotional stability and overall development: Ensuring an environment that promotes their physical, mental, moral, spiritual, and social growth.
In many cases, courts have emphasized the importance of keeping the child in a safe and stable family environment, always prioritizing their health and development. For example, in divorce proceedings, the goal is to establish custody and visitation arrangements that minimize emotional harm to the child while fostering a continuous and meaningful relationship with both parents.
Despite its importance, the application of the best interest principle faces significant challenges. One of the main difficulties is the inherent subjectivity in interpreting what constitutes the “best interest” in each specific case. Every child and family is unique, and what may benefit one child in a particular context may not be suitable for another.
If after reading this article you believe you need legal advice on this topic, do not hesitate to contact one of our specialized attorneys. We are here to help you.
FREQUENTLY ASKED QUESTIONS (FAQs)
How is the child’s opinion considered in court decisions?
Courts take the child’s opinion into account depending on their age and maturity. While their views are not the sole determining factor, they can significantly influence decisions when the child is capable of expressing informed preferences.
Can a child be separated from their parents if it is in their best interest?
Yes. In situations where the child’s safety or well-being is at risk—due to abuse, neglect, or other serious issues—the authorities may order separation from the parents as a protective measure aligned with the child’s best interest.
What role do social workers or psychologists play in determining the best interest?
Social workers and psychologists often provide expert assessments that help judges understand the child’s needs, family dynamics, and emotional state. Their evaluations are critical in ensuring that the court’s decisions truly align with the child’s best interest.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
