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 Pennsylvania, when making decisions regarding child custody and visitation rights, courts are guided by the 'best interests of the child' standard. This principle is central to PA custody law, as outlined in 23 Pa.C.S. § 5328, which lists specific factors that courts must consider. These factors include, but are not limited to, the child's emotional, physical, developmental, educational, and special needs; the parental duties performed by each parent; the need for stability and continuity in the child's education, family life, and community life; the availability of extended family; the child's sibling relationships; the preference of the child, based on their maturity and judgment; the attempts of a parent to turn the child against the other parent; and any history of drug or alcohol abuse. Pennsylvania law does indeed presume that it is beneficial for a child to maintain contact with both parents, unless there is substantial evidence that one or both parents are unfit, such as in cases of abuse, neglect, or substance abuse. The court's primary focus is always the welfare and best interests of the child in question.