Best Interest of the Child Checklist: The Factors Custody Judges Actually Weigh

Last reviewed: October 17, 2026. This article is general information, not legal advice. Best-interest factors are set by each state's family code, so check your own state's statute or ask a family law attorney.

If you're heading into a custody or parenting-time case, you'll hear one phrase over and over: "the best interest of the child." It sounds vague, but in most states it is backed by a written list of factors in the family code. Knowing that list is the most practical way to prepare.

Short answer: A best interest of the child checklist is the set of factors a judge must consider when deciding custody, parenting time or a change to an existing order. The factors come from your state's statute and usually cover each parent's relationship with the child, stability, safety (including any family violence), each parent's ability to meet the child's needs, and sometimes the child's own preference. There is no single national list, so the statute in the state where your case is filed is what counts.

Where the checklist comes from

Every state has its own best-interest law, and the U.S. Department of Health and Human Services' Child Welfare Information Gateway publishes a state-by-state overview. In divorce and custody cases, the factors usually sit in the family code:

• Texas makes the child's best interest the primary consideration in conservatorship and possession decisions (Tex. Fam. Code § 153.002). In a dispute between a parent and a non-parent, Texas also presumes that a parent acts in the child's best interest.
• Washington lists seven residential factors and tells judges to give the most weight to the child's relationship with each parent.
• Florida lists about twenty factors and starts from a rebuttable presumption that equal time-sharing is in the child's best interests, unless the statute provides otherwise or the parents agree.

Because the lists differ, a checklist from another state, or a generic one online, is only a rough guide.

The common best-interest factors

Most state lists overlap. Here is a working checklist built from the Washington and Florida statutes quoted above, which are typical. Think of each item as a question the judge will ask about you and the other parent.

1. Relationship with each parent. Who is the child bonded to, and how strong and stable is that bond?
2. Who has done the parenting. Which parent has handled daily care: meals, school, doctor visits, bedtime? Florida asks about the parenting tasks each parent customarily performed before and during the case.
3. Willingness to support the other parent's relationship. Will you encourage contact, follow the schedule and be reasonable about changes? Judges notice a parent who blocks visits or runs down the other parent.
4. Stability and continuity. How long has the child lived in a stable, satisfactory home, and would a change disrupt school or community ties?
5. The child's needs and developmental stage. Can each parent meet this child's emotional, educational and health needs, including any special needs?
6. Safety. Evidence of domestic violence, sexual violence, child abuse, abandonment or neglect weighs heavily, and Florida requires the judge to acknowledge such evidence in writing.
7. Substance abuse. Can each parent keep a home free of drug or alcohol abuse?
8. Mental and physical health of the parents. Usually relevant to the extent it affects parenting.
9. Keeping the child out of the conflict. Florida specifically asks whether each parent avoids discussing the litigation with the child or disparaging the other parent.
10. The child's preference. Many states consider the reasonable preference of a child mature enough to express one.
11. Practical logistics. Distance between homes, work schedules and travel time. Washington lists each parent's employment schedule; Florida looks at the geographic viability of the parenting plan.

How to use the checklist in your own case

• Read your state's actual statute. Search your state's family code for "best interest" and print the list.
• Gather evidence factor by factor. School records, medical appointments you attended, calendars, messages showing you supported the other parent's time. Facts beat adjectives.
• Write a realistic parenting plan. Judges respond well to a plan that puts the child's routine first. If a move is involved, see our guides on a non-custodial parent moving out of state and moving out of state with a child when there's no custody agreement.
• Watch what you say and post. Disparaging the other parent in front of the child, or online, can count against you. See what not to say in divorce court.
• Changing an existing order is harder. Many states require a substantial change in circumstances before a judge will revisit custody, and Florida's statute says so expressly. See how to win a custody modification case.

Common mistakes

• Treating it as a contest between parents. The question is what serves the child, not who was the better spouse.
• Assuming the child's wishes decide it. They're one factor, and judges are wary of a child being pressured.
• Ignoring safety concerns. If there is family violence, raise it with the court and ask about protective orders rather than relying on informal arrangements.
• Relying on a checklist from another state. The factors, and how much each one counts, vary.

Sources

• RCW 26.09.187, criteria for establishing a permanent parenting plan (Washington State Legislature)
• Fla. Stat. § 61.13, best-interest factors and equal time-sharing presumption (Florida Legislature)
• Tex. Fam. Code § 153.002, best interest of child (Texas Legislature)
• Determining the Best Interests of the Child, State Statutes Series (Child Welfare Information Gateway, U.S. HHS)