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 Nevada, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. This standard is codified in Nevada Revised Statutes (NRS) 125C.0035 and related statutes. The factors considered by the court include, but are not limited to, the child's physical, emotional, mental, and educational needs; the level of stability offered by each parent; the child's relationship with each parent; the ability of the parents to cooperate to meet the needs of the child; the mental and physical health of the parents; and any history of domestic violence. Additionally, the court may consider the wishes of the child if the child is of sufficient age and capacity to form an intelligent preference. Nevada law does presume that it is beneficial for the child to have a meaningful relationship with both parents, unless it is demonstrated that a parent is unfit, which could be due to issues such as abuse, neglect, or substance abuse.