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 Texas, the 'best interests of the child' standard is the overarching guideline for determining child custody and visitation rights. This standard is codified in the Texas Family Code, which directs courts to consider multiple factors to ensure the child's physical and emotional well-being. These factors include, but are not limited to, the child's desires, emotional and physical needs, the emotional and physical danger to the child now and in the future, the parental abilities of the individuals seeking custody, the programs available to assist these individuals to promote the best interest of the child, the plans for the child by these individuals or by the agency seeking custody, the stability of the home or proposed placement, the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one, and any excuse for the acts or omissions of the parent. Texas law also presumes that it is beneficial for the child to maintain contact with both parents unless there is evidence that a parent is unfit due to circumstances such as abuse, neglect, or substance abuse. The court's primary objective is to ensure a stable and healthy environment that fosters the child's development and well-being.
