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 Kansas, as in many other states, the 'best interests of the child' is the paramount consideration in making decisions about child custody and visitation rights. Kansas statutes outline several factors that courts must consider when determining what arrangement will serve the child's best interests. These factors include the child's emotional and physical needs, the child's relationship with each parent, each parent's ability to provide for the child's needs, the child's adjustment to their home, school, and community, and the willingness of each parent to respect and appreciate the bond between the child and the other parent. The court may also consider the child's wishes, depending on their age and maturity. Kansas law does presume that maintaining a relationship with both biological parents is in the child's best interests, unless evidence is presented that one or both parents are unfit due to reasons such as abuse, neglect, or substance abuse. The ultimate goal is to ensure the child's happiness, security, and development are prioritized in any custody or visitation arrangement.