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 Tennessee, the 'best interests of the child' is the paramount consideration in making decisions about child custody and visitation rights. Tennessee law outlines specific factors that courts must consider when determining what arrangement will best serve the child's welfare and happiness. These factors include, but are not limited to, the child's emotional needs, the child's relationship with each parent, the stability of the home environment, the mental and physical health of the parents, and the presence of any history of family violence or substance abuse. Additionally, the child's own wishes may be taken into account if the child is of sufficient age and maturity. While there is a general presumption in favor of maintaining a relationship with both parents, this presumption can be overcome if evidence shows that a parent is unfit due to reasons such as abuse, neglect, or incapacity to provide proper care. Tennessee courts strive to craft custody and visitation arrangements that foster the child's development and maintain the child's best interests as the guiding principle.