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 Arkansas, as in many other states, the 'best interests of the child' is the paramount concern for courts when making decisions regarding child custody and visitation rights. Arkansas law requires courts to consider all factors that affect the welfare and best interests of the child, including but not limited to the child's safety, the stability of the home environment, the mental and physical health of the parents, the child's relationship with each parent, and the child's adjustment to school and community. The courts also take into account any history of domestic abuse, substance abuse, and the ability of each parent to provide for the child's material needs. While there is a 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 a parent is unfit due to circumstances that could detrimentally affect the child's well-being. The child's own wishes may also be considered, particularly if the child is of sufficient age and maturity to express a reasoned preference.