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 York, the 'best interests of the child' standard is the paramount consideration in making decisions about child custody and visitation. This standard encompasses a variety of factors that aim to ensure the child's overall well-being. These factors include, but are not limited to, the child's happiness, security, mental and emotional development, educational opportunities, special needs, relationships with siblings, and the child's own wishes, depending on their age and maturity. The court also considers the parents' or caregivers' ability to provide for the child, which involves evaluating their relationships with the child, living arrangements, history of abuse or neglect, mental and physical health, financial stability, and any issues with substance abuse. While there is a general presumption that maintaining relationships with both biological parents is in the child's best interests, this presumption can be overcome if evidence shows that one or both parents are unfit. The court's primary objective is to foster an environment that serves the child's best interests, and custody and visitation arrangements are tailored to meet those needs.