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 South Carolina, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. This standard encompasses a variety of factors that are considered to ensure the child's overall well-being. These factors include, but are not limited to, the child's safety, happiness, mental and emotional development, educational opportunities, special needs, relationships with siblings, and the child's own preferences, depending on their age and maturity. The court also evaluates the circumstances of each parent, including their relationship with the child, living arrangements, history of abuse or neglect, mental and physical health, financial stability, and any issues with substance abuse. South Carolina law generally supports the presumption that maintaining a relationship with both biological parents is in the child's best interests, except in cases where a parent is deemed unfit due to behavior that could be detrimental to the child's welfare. The state statutes and case law provide the framework within which these factors are assessed, and the court has broad discretion to weigh these factors in order to arrive at a decision that serves the child's best interests.