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 Kentucky, as in many states, the 'best interests of the child' is the standard used by courts when making decisions regarding child custody and visitation rights. Kentucky law outlines specific factors that courts must consider to determine what will best serve the child's welfare and happiness. These factors include the child's wishes (considering their age and maturity), the child's relationship with each parent, the child's adjustment to their home, school, and community, the mental and physical health of all individuals involved, evidence of domestic violence, and the potential for the child and parent to actively engage in meaningful time together. Kentucky law also considers the importance of maintaining the child's relationship with both parents, assuming that it is in the child's best interest to have contact with both, unless there is evidence that a parent is unfit due to reasons such as abuse, neglect, or substance abuse. The presumption of joint custody can be rebutted if it is shown to be contrary to the child's best interests. The courts strive to ensure that the child's safety and well-being are prioritized in all custody and visitation decisions.