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 New Jersey, 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 comprehensive and takes into account various factors that affect the well-being of the child. These factors include, but are not limited to, the child's safety, happiness, mental and emotional development, educational opportunities, special needs, the presence of siblings, and the child's own preferences if they are of sufficient age and capacity to reason. Additionally, the court considers the parents' or caregivers' ability to provide for the child, which encompasses their emotional and physical health, the stability of the living arrangements, financial resources, and any history of abuse or substance abuse issues. New Jersey law does generally presume that maintaining relationships with both biological parents is in the child's best interests, except in cases where a parent is deemed unfit due to circumstances that may harm the child. Each case is evaluated on its own merits, and the court's primary concern is to foster an environment that serves the overall welfare of the child.