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 Utah, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. Utah law outlines several factors that courts must consider to determine what is in the best interests of the child. These factors include, but are not limited to, the child's physical, emotional, and psychological needs; the child's relationship with each parent; the parents' moral character and conduct; the parents' willingness to support the child's relationship with the other parent; the child's ties to the community, school, and home; and the mental and physical health of all parties involved. Additionally, the child's own wishes may be taken into account if the child is of sufficient age and maturity. Utah law does presume that it is beneficial for a child to maintain a relationship with both parents, provided that neither parent is deemed unfit due to reasons such as abuse, neglect, or substance abuse. However, each case is unique, and the courts have the discretion to weigh these factors in light of the specific circumstances of the child and the parents involved.