The Best Interest Controversy

When searching for resources or navigating a child custody case in Georgia, “a child’s best interests” will always pop up. The child’s best interest is a principle applied in child custody cases that gives the state the power to determine what is best for the child, which also determines how the court makes the ruling. 

The reasoning behind the best interest of the child standard is quite noble since it seeks to ensure that the child’s life is least affected by the outcomes of the custody case. However, it also creates a potential conflict of interest because the judge somewhat acts as a party in the case.

How It Differs From Other Civil Cases

Child custody cases are civil cases whose definition is a case between two private parties, with the courts being the independent litigant. In a child custody case, both parents are the private parties, and the family court is the litigant.

Unlike other civil cases, family courts act on behalf of the state to assert a child’s best interests. In doing so, the court stops being an independent party and becomes a litigant based on their vested interests in the matters before the court.

Furthermore, federal law protects the rights of parents and children. As applied in child custody cases, the child’s best interest allows the state to do pretty much as it wants in disregard for these federally protected rights, creating a justiciable conflict between the state and the parents. If you don’t raise questions about this conflict of interest, you waive your rights and allow the state to act as it will with your child, regardless of your objections.

Open Fraud

“There have been discussions regarding the efficacy of the child’s best interest principle, with some individuals voicing skepticism about it. While some contend that everybody views it as fraudulent except for the child’s parent, others might have different opinions about how it is carried out,” says family attorney Shawna Woods of Atlanta Divorce Group. This means that, as a parent, you have a right to point out these conflicts.

So, rather than seeking to have the court grant you custody rights, you should ask that it protect your rights thoroughly. In an ideal situation, the court should apply the civil or equitable law under the Fourteenth Amendment, which protects the parent’s rights from being infringed on by the other parent. 

Parents Can Force Change

Arguing against applying the child’s best interest standards may still be a tough call and even something that may not cross your mind as a parent. After all, you only follow what the court and your lawyer tell you. 

However, it is crucial to understand that your lawyer has a duty to protect your rights. As such, you can sue them for violating this right by failing to protect your fundamental rights. While we have not seen this happening as often, it may be the only way of causing the system to self-correct. 

If lawyers realize that they can face the consequences of failing to point out this conflict, they will be motivated to do so and can significantly influence how the courts decide the case. 

When ruling on an appeal for custody modification, the US Supreme Court has in the past ruled that the “child’s best interest” is a substantial factor in a case, which means it is not enough justification for the state to violate the parent’s fundamental rights.