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 Delaware, as in many states, the 'best interests of the child' is the paramount consideration in making decisions about child custody and visitation rights. Delaware courts evaluate a variety of factors to determine what will best serve the child's welfare and happiness. These factors include, but are not limited to, the child's age, the child's wishes (if the child is of sufficient age and capacity to form an intelligent preference), the mental and physical health of all individuals involved, the relationship between the child and each parent, the child's adjustment to home, school, and community, the evidence of domestic violence, and the criminal history of any party. Delaware law does indeed presume that it is beneficial for a child to maintain contact with both parents, and courts will generally favor arrangements that allow for joint custody and shared parenting time, unless evidence is presented that such an arrangement would not be in the child's best interests. This presumption can be overcome if one or both parents are deemed unfit due to reasons such as abuse, neglect, substance abuse, or an inability to provide a stable and safe environment for the child.