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 Ohio, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. Ohio law outlines specific factors that courts must consider to determine what arrangement will best serve the child's welfare and happiness. These factors include, but are not limited to, the child's physical and emotional needs, the child's relationships with parents, siblings, and other significant individuals, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, the parent's willingness to facilitate a relationship between the child and the other parent, and any history of abuse or neglect. Additionally, the wishes of the child may be considered if the court deems the child to be of sufficient age and maturity. While there is a general presumption in favor of maintaining a relationship with both biological parents, this presumption can be overcome if evidence shows that a parent is unfit. The court's primary focus is always on the child's best interests rather than the interests of the parents.