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 Indiana, as in many states, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. Indiana Code Title 31, Article 17, which covers family law and juvenile law, outlines several factors that courts consider to determine what arrangement serves the child's best interests. These factors include the age and sex of the child, the wishes of the child's parents, the wishes of the child, the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, evidence of a pattern of domestic or family violence by either parent, and any evidence that the child has been cared for by a de facto custodian. The presumption in Indiana is that it is beneficial for the child to maintain meaningful contact with both parents, provided that both parents are deemed fit to care for the child. However, this presumption can be rebutted if there is evidence that a parent is unfit due to reasons such as abuse, neglect, or substance abuse.