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 Oklahoma, the 'best interests of the child' is the paramount consideration in making decisions regarding child custody and visitation rights. The state's family law courts evaluate a variety of factors to determine what will most favorably affect the child's welfare and happiness. These factors include, but are not limited to, the emotional and physical needs of the child, the child's relationship with each parent, the child's adjustment to home and community, the mental and physical health of the parents, and each parent's willingness to foster a relationship between the child and the other parent. Oklahoma law also considers the child's preference if the child is of sufficient age and maturity. While there is a 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 courts strive to ensure that custody and visitation arrangements serve the overall best interests of the child, with a focus on stability, security, and healthy development.