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Glossary

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Best Interests of the Child

This is the standard courts use when deciding issues involving custody and visitation rights, or whether to approve adoptions and guardianships. This standard requires the courts to consider many factors, including which parent would best provide for the children’s health, safety and welfare; what the children’s preference is; whether there has been any child or sexual abuse; and whether there has been any domestic violence by one parent to the other parent.

Brief

A written statement that each side gives the court to say why the court should decide in their favor.

Burden of Proof

The obligation of a party to establish the required degree of proof concerning a fact or facts in dispute in the proceeding.

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