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 Louisiana (LA), the 'best interests of the child' is the paramount consideration in making decisions about child custody and visitation rights. Louisiana courts evaluate several factors to determine what will best serve the child's welfare and happiness. These factors include the emotional ties between the child and each parent, the capacity of each parent to give the child love, affection, and guidance, the ability of each parent to provide the child with food, clothing, medical care, and other material needs, the length of time the child has lived in a stable environment and the desirability of maintaining continuity, the permanence of the family unit, the moral fitness of the parents, the mental and physical health of the parents, the home, school, and community history of the child, the preference of the child if they are of sufficient age and capacity to reason, and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent. Louisiana law does presume that it is beneficial for a child to maintain a relationship with both biological parents unless there is substantial evidence that a parent is unfit, due to issues such as abuse, neglect, or substance abuse. Each case is unique, and the courts have broad discretion to weigh these factors in light of the specific circumstances of each case.