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 Iowa, 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 codified in Iowa Code Section 598.41, which outlines the factors the court must consider. These factors include, but are not limited to, the ability of each parent to provide for the child's needs, the child's physical and emotional health and development, the child's need for a stable and consistent home environment, the mental and physical health of the parents, and the child's wishes, provided the child is of sufficient age and maturity. Iowa law also considers the history of domestic abuse and the safety of the child. 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 reasons such as abuse, neglect, or substance abuse. The court's primary focus is always on the welfare and best interests of the child, and custody and visitation arrangements are tailored to meet those interests.