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 Hawaii, 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 child's well-being. These factors include, but are not limited to, the child's physical, emotional, mental, and educational needs; the child's safety and security; the child's relationships with siblings and other significant individuals; the child's own wishes, depending on their age and maturity; and the continuity and stability of the child's environment. Additionally, the court will consider the circumstances of the parents or caregivers, such as their mental and physical health, history of abuse or substance abuse, financial stability, and ability to provide for the child's needs. While there is a general presumption in favor of maintaining a relationship with both biological parents, this presumption can be overcome if evidence shows that a parent is unfit. The court's primary focus is always on the welfare and best interests of the child, and any decision regarding custody or visitation will reflect this priority.