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It’s Always “What is in the Best Interest of the Child”

A mother holds up her child.

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In a recent N.C. Court of Appeals decision the Court reminded us again that the standard is always “What is in the best interest of the child.” In Wolgin v. Wolgin the mother of the little girl thought she could make unilateral decisions without her ex husband’s input on moving the child to a different school. She also thought that arguing with her ex husband would never be a factor in a child custody trial but she was very wrong. The Court of Appeals upheld the lower court’s ruling finding that the, “trial court had, in its 2007 order, considered that visitation with the father was in the children’s best interest, the fact that the mother was unyielding in determining the location and time of extracurricular activities focuses on the inconvenience to the father only to the extent that the father’s time spent with the children would necessarily be curtailed (i.e., for the father’s travel time to the event). As the children benefit from time spent with their father, the trial court properly determined that the mother’s arrangements are not in the best interest of the children.”

Basically, the Court held that the mother’s arguing with the father and moving the child to a different school had a negative effect on the child.

Remember no matter how much you dislike your ex spouse or how unfair you think your situation is today, it is always going to be what is in the best interest of the child. Regardless of the courts this is especially true during the holidays. Think about the things you are doing and be careful that you aren’t taking action against your spouse that really isn’t what’s best for your children.

About McIlveen Family Law Firm

The McIlveen Family Law Firm handles all types of divorce and family law cases.


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