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 Maryland, the 'best interests of the child' standard is the overarching principle that guides courts in making decisions regarding child custody and visitation rights. This standard takes into account various factors to ensure that the child's welfare is prioritized. These factors include, but are not limited to, the child's physical and emotional needs, the child's relationship with each parent, each parent's ability to care for the child, the child's adjustment to their home, school, and community, and the mental and physical health of all individuals involved. Maryland courts also consider the child's wishes, depending on their age and maturity. While there is a general 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 to ensure a stable and healthy environment that promotes the child's overall well-being.