Does 'The best interests of the child' mean whatever people want it to mean?
Find answers to your legal question.
Does 'The best interests of the child' mean whatever people want it to mean?
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Laurel J
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Yes. It's an industry catchphrase meaning "Hand over that baby."
I suspect it always was. From the time Georgia Tann and formula made it possible to raise someone else's baby, women had to be talked out of their offspring somehow. |
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Randy B
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Yep. I think it does. Because of religion some parents believe it is in the best interest of a child to refuse a blood transfusion while others believe it is best to have that transfusion. Some parents believe it is best to home school, some do not. Some believe it is best to have their child involved 24/7 in sports and some don't. While there are legal boundaries I do think the term is open for interpretation. Everyone has an opinion. |
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HappyMomAnna
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The best interest of my children isn't always the best interest of some one elses child.
As I tell my kids--I am Not So and So's Mother!
It means the child is not abused or neglected no matter where they grow up. It means the child has food, clothes, shelter, medical/dental and mental health care, education in a safe, stable and loving environment.
How that is defined is the Big Question and applies to All Parents no matter how they become parents. As things appear to be working today.
The bigger question I ask is why does does best interest for the child seem to matter only after it's clear the child's best interests didn't matter in th first place? |
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Sarah
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Definitely. Because when you think about it it depends on all different factors around the child which will ultimately affect what is best for the child.
E.g.
It's best for the child to stay with his/her natural parents. However that will most likely change if the natural parents were physically/psychologically/mentally/emot... etc unfit to take care of the child.
All these different factors ultimately affect what is in the best interest of the child. |
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john d
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Yes. Seriously, what is the best interest to a child? Other than their needs, what else can really be done in THEIR best interest. Sure you can provide some wants but what else can be determined? |
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SJM
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Yes, the best interest test is subjective and discretionary. |
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TSM
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Basically, since people will have their own opinions on what is best for a child based on their own up bringing and experiences. |
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sam22254
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The courts use best interest a lot. In some cases where there are drug abuse or crimes against children. Now for the bad news. Best interest in courts are also there to steal your child. In my son's case they used best interest saying that my grandson was going to be damage if my son was able to raise his child because if you took my grandson from the only parents he ever had. What was over looked the adoption agency and the couple hid the child long enough 16 months to do the damage. My son appeal this decision just in march when after 1 year the judge in dallas did her final, Then it takes the appeal court almost a year to get to hear the case.(they do have a lot of cases) now if he loses he doesn't lose his child just the right to have him home.If this happens then if you let anyone even family keep your child for the summer then they will be able to use best interest in getting your child, either by saying their home is bigger, they have more money and can give your child more than you. Even kidnappers can come forward and say that even though they took the child the child has bonded with them. And most of all give leg way for step parents to step forward and fight for custody saying that they have a standing in your child's case because of bonding.
This is going to be a landmark case no matter. I just pray that my grandson will be home soon. I think that they courts should only use Best Interest where they can prove that the parents is unfit. |
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mom lost 66
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in the best interest of the child I was told was
a two parent household back in the 60's that is what they
believed and after they get the child they get divorced
now it becomes a single parent raising a child now can
you tell me why I could not raise my child double standard |
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We'll Keep Trying... I Promi
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Basically yes. everyone has their own opinion on what would be best for a child. It doesn't matter where their opinion comes from, religion, the way they were raise, all that matters is it's just an opinion and everyone is entitled to their own. |
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Erin L
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Well, it is somewhat subjective since no one can forsee the future. But, there are some generally known psychological truths that can help us make decisions. Here are the priniciples I would use to determine what's best in a specific situation from my understanding.
- abuse and neglect are incredibly damaging
- being separated from biological parents causes trauma
- being with bioloical family and, if that isn't possible, with people of the same race is best for identity development
- being in a safe family is better than institutionalization or multiple placements |
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monkeykitty83
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Yeah, pretty much. I mean, it's not like there's some objective standard to measure it by. There's really no other way to define it, is there? Two people may agree, but the whole world isn't going to.
This really isn't avoidable, and we should still be trying to provide children with safe and healthy situations, even if we may not always all agree what that entails.
I think critical thinking MUST be applied to the concept, though. We can't just accept whatever someone else says is "best," without applying our own ethics and logic. |
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QuestionKing
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Absolutely. In the case of one family we know, social services decided that the "best interests of the child" meant staying in a home where they were given one meal a day (on a good day), beaten regularly, not bathed, ignored completely and damaged from birth with drugs and alcohol.
However, they were with their biological parents, so it must be ok. |
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SSimmons
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the systems is messed up now a days. cps got involved mwith my first daughter and since her birth she was not in my custody not anything on my part but the father's past that to this day i still do not know all about. but my second is by the same person and i learned my lesson and got rid of him to keep her and she has been perfectly fine with me and my husband.
but to refine my point my ex and i both had to take all kinds of evaluations and go through a bunch of bs all of which said we did not need parenting classes, but that didnt help our case any. meanwhile other kids that i know of that the parents are always passed out drunk and the parents are getting into physical altercations with cps leaves them with the parents. but i do not understand the system and how it seems to pick and choose which interpretation of 'best interest' they want to use. It just depends on how they feel it will benefit them |
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IDK!!
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It can be.... some people want to "beat" the Devil out of their child and claim it's for their own good..... |
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Redheaded Stepchild
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I agree with all the answers. Even the guy who said he disagreed and then went on to explain how he feels the same way...dude, drink some coffee before answering, that's all I'm saying.
And it's true that everyone has a right to their opinions (we all know what opinions are like). But we don't have the right to do whatever we'd like with children's lives based on opinion. The best interests of the children should be determined by those who honestly know what the best interests of the children IS. Adults who have been in similar situations to the children would be a good asset in this area. After all, they KNOW what would have ben in their best interests, right? |
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Philippa
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Yes .... unfortunately when it comes to adoption. |
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Jennifer L
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Well, I don't think it's a cut-n-dried thing.
I think that two people, or two groups of people can believe that two different things are both in the best interests of the child. That doesn't mean that one of them is intentionally manipulating the phrase to suit their needs. |
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bustersmycat
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Not at all. But it sure is a fluid term. What you think is the best interests may differ quite a bit from what I think. |
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Independ"ant"
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These days it appears so.....especially for those with poor "parenting skills" and/or those trying to fulfill their own self serving "agendas".
I find it odd that Paps/Aps today still look to adoption agencies making money selling kids for advice and/or information. It would be a conflict of interest for the agencies to be honest about anything. |
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18 scared, thinking about adoption? |
| Is adoption wrong if your broke , does it mean you don't love your ... |
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Do you think itīs better to adopt a child of the same race as you? |
or not?
I believe it doesnīt matter, but my husband would prefer to adopt a child of our race, so strangers would think itīs our biological child and according to him it would be better for the ... |
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Choosing a beautiful name for baby girl ? |
| Our baby girl that we are adopting will be born on jan 28th and we are still stuck on 5 names we want to narrow it down to like 2 and we will probably name her at the hospital when we get to see her ... |
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Adoptive parents who work? |
| Ok i'm sorry if this seems like i'm stirring, I don't mean to be. But this has been bothering me since I've read a few, not all, of the answers to a question earlier about ... |
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Adoptees Only: If you could have made your bio-moms decision for her, what would you have chosen? |
For her to have kept you, given you up for adoption as she did, or aborted you, and why? Additional Details Actually Possum, I am an adoptee. I was adopted at birth, very positive ... |
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How much control do APs have over their adopted children 'bonding' with them? |
| Most people seem to believe that if children are told they are adopted ealy, there will be a good bond between APs and children. Or maybe if an amom breastfeeds, or if achildren are given a '... |
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Why Are Some Pro-Lifers Anti-Adoption? |
| I think it's hypocritical of some pro-lifers who hate abortion so much but are also critical of women who give their babies up for adoption. Being pro-life and anti adotion doesn't make any ... |
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Would you rather be bitter and twisted? Or lack curiosity? |
| With the return of the "I'm happy! REALLY!!!" discussion amongst some "adoptees" (I have my doubts, but I'm keeping an open mind about whether they are really adoptees),... |
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Why do so many people adopt from other countries when there are so many in the US who need loved too? |
| There are so many children here in the United States who need loving and caring homes. So why do so many people go to other countries to adopt child? I realize it brings a cultural impact to those ... |
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Would you change your adopted childs name? |
| I know many people whom when adopting an infant out of foster care or from another country will change the child's name. I have also met some people who have adopted an older child and, with the ... |
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First parents: Questions about names? |
1. Did you name your child?
2. Did the adoptive parents keep or change it?
3. If the name was changed, do you like the new name?
4. Was your child renamed after an adoptive family ... |
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As an adoptive child how would this make you feel? |
| With our first daughter we took professional photos every months to show development. About 6 months in we were exhausted and broke but we figured we committed and won't do it with our next ... |
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Do I have to let her boyfriend visit too? |
| I have a situation I need some help and advice with. I have temporary guardianship of a 9 month old boy, I plan on adopting him in the future, but I haven't done the homestudy etc yet, so right ... |
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Does Maine ROCK, or what? |
GREAT 2009 news for Mainers, and something ALL adoptees can celebrate:
http://www.wcsh6.com/new
Isn't that fabulous news?!... |
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Do you think babies born to surrogates have the same attachment disorder as adoptees? |
Particularly if they are not genetically identical to the surrogate mother?
If in utero a baby hears a voice, feels movement, eats the same food as the surrogate mother, would the handover ... |
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I am pregnant, I have 2 options, abort or find a nice couple for a private open adoption. How can I find them? |
| I would like to find a nice couple in the Northern California area. I would like updates on the child such as pictures and bragging and such :) but I personall can not afford to have a baby nor do I ... |
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How do me and my twin make ourselves more adoptable? |
| me and my twin bro have been in care since we were like 5 and we've been up for adoption from the time we were 6. we're 13 now and we still haven't been adpted. our social worker says ... |
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Does the dad have rights.? |
| thank you to everyone that let me knwo about the adaption thing with my husbands sisters baby. we still have alot to talk about. but i was wondering can we get rights signed over to us, before she ... |
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