The best interests of the child refers to the factors most courts consider when making decisions on child custody and visitation rights.
These factors may include the needs and circumstances of the child (happiness, security, mental health, emotional development, educational opportunities, special needs, siblings, religious and cultural considerations, continuity and stability, child’s wishes) and the circumstances of the parent or caregiver (relationships, living arrangements, history of abuse, mental health, physical health, financial resources, substance abuse).
There is generally a presumption that it is in a child’s best interests to have a relationship with both of the child’s biological parents—unless one or both of the parents are shown to be unfit parents.
In Alabama, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. This standard is comprehensive and takes into account various factors that affect the well-being of the child. These factors include, but are not limited to, the child's emotional, mental, and physical health; the child's educational needs and opportunities; the presence of any special needs; the child's relationships with siblings; and the child's own wishes, depending on their age and maturity. Additionally, the court will consider the circumstances of the parents or caregivers, such as their relationship with the child, living arrangements, history of abuse or neglect, mental and physical health, financial stability, and any issues with substance abuse. While there is a general presumption that maintaining a relationship with both biological parents is in the child's best interests, this presumption can be overcome if evidence shows that one or both parents are unfit. Alabama courts strive to ensure that custody and visitation arrangements serve the overall best interests of the child, prioritizing their safety, stability, and happiness.