Best interests - Definition and Overview

Best interests or best interests of the child is the legal standard used by most courts in determining issues of child custody, child support and visitation (or access, as it is called in some jurisdictions) in regard to the child or children's parents or legal guardians. Such a test may be applied either in proceedings that involve the dissolution of marriage in common-law marriages or in the context of the dissolution of a civil union. It may also be used in proceedings determining legal obligations and entitlements such as when a child is born out of wedlock.

In determining the best interests of the child or children the court may order various investigations to be undertaken by social workers, psychologists and other forensic experts, to determine the living conditions of the child and his custodial and non-custodial parents. Parents may allegedly request or deny visitation or custody to fit their own interests, but the overriding consideration is how the child will benefit from interacting with his parents. Such issues as the stability of the child's life, links with the community, stability of the home environment provided by each parent may be considered by a court in deciding the child's residency in custody and visitation proceedings.