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Most states have laws setting forth certain factors that must be considered, typically called "best interests factors. Make objections, motions to strike, and detailed offers of proof.The GAL is a full and active participant in the proceedings who independently investigates, assesses and advocates for the child's best interests. Decision-. Parenting plans must be in the best interest of your children. Until you have a court order, both parents have the same rights. There is evidence of domestic violence or bargaining inequality and the opt-out request is against the best interests of a party or the parties' child. Winning a child custody appeal is extremely challenging in Massachusetts. The "compelling state interest" in child custody matters finds its nexus between the "best interests of the child" doctrine and strict scrutiny. Affecting the best interests and welfare of the child. These factors include all of the following when applicable: a.