Prioritizing the Best Interest of the Child in Custody Cases

This guest post is by Regent Law 2L and Family Law student Fallon Forrestel:

Through our Family Law course at Regent University School of Law, it has been engrained in me that courts almost always consider the best interests of the child in resolving family law disputes. This is particularly true when the matter is over who should have custody of a child.

This has caused me to consider this principle through a biblical lens and look at what scripture says is the child’s best interests. Clearly the Lord has a heart for children and yearns for a relationship with them. Mark 10:14 says, “. . . He said to them, ‘Let the children come to me, and do not hinder them, for the kingdom of God belongs to such as these.’”

Additionally, Mark 18 communicates a powerful message about how children are best situated to receive Christ because of their humility. Mark 18:1-4 reads, “At that time the disciples came to Jesus and asked, ‘Who, then, is the greatest in the kingdom of heaven?’ He called a little child to him, and placed the child among them. And he said: ‘Truly I tell you, unless you change and become like little children, you will never enter the kingdom of heaven. Therefore, whoever takes the lowly position of this child is the greatest in the kingdom of heaven.’” Thus, scripture reveals that children are fully capable of walking with the Lord, and it is in their best interest to do so.

However, when families separate, this important interest may be neglected. When fighting for custody, even Christian parents can act contrary to their role as spiritual leaders over their children. Resentment, stress, financial strain, and other feelings and circumstances may cause parents to forget that their child’s relationship with the Lord is of the utmost importance. Ephesians 6:4 says to “[B]ring them up in the training and instruction of the Lord.” This calling upon parents always remains, no matter the circumstances. Thus, although gaining primary custody, establishing a visitation schedule, or receiving a certain amount of child support may seem dire, parents should remember that guiding their children in their faith is what is truly critical.

By prioritizing this, parents can rest assured that their own needs and that of their child’s will be met. Psalm 55:22 says, “Cast your cares on the Lord and he will sustain you; he will never let the righteous be shaken.”

Thus, just as courts consider what is best for the child’s physical and emotional needs, parents should also consider and work to satisfy their child’s spiritual needs to fully act in the child’s best interests.