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| | Child's Best Interest |
Even if one of the statutory visitation modification tests is established, the trial court will not grant the modification unless it is in the child's best interest . In determining whether modification of visitation is in the child's best interest, the court may weigh all factors bearing directly or indirectly on the physical, emotional, mental, educational, social, moral, or disciplinary welfare and development of the child . The trial judge has broad discretion in making the best interest determination because of the opportunity to observe and evaluate the personalities involved.
Factors.
Factors that have been considered in evaluating the best interest of the child include:
- The child's emotional and physical needs and the parenting ability of the conservators or potential conservators
- The value to the child of having a relationship with both parents, thus justifying an increase of visitation for the possessory conservator
- A visitation schedule that requires excessive traveling or prevents the child from engaging in school or social activities, thus justifying a decrease of visitation
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