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 North Dakota, 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 North Dakota Century Code (NDCC) Section 14-09-06.2, which lists numerous factors that courts must consider to determine what will best serve the child's welfare and happiness. These factors include the child's physical, mental, and emotional health needs; the child's relationship with each parent; the ability of the parents to provide care; the child's adjustment to home, school, and community; the length of time the child has lived in a stable environment; the moral fitness of the parents; the mental and physical health of the parents; the home, school, and community records of the child; and the preference of a mature child, if the court deems the child to be of sufficient age and capacity. The presumption in North Dakota is that, barring evidence to the contrary, maintaining a relationship with both biological parents is in the child's best interests. However, this presumption can be overcome if one or both parents are found to be unfit due to reasons such as abuse, neglect, or substance abuse.