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 Oregon, the 'best interests of the child' is the paramount consideration in making decisions about child custody and visitation rights. The courts evaluate various factors to determine what will best serve the child's welfare and happiness. These factors include, but are not limited to, the emotional, mental, and physical health of the child; the child's adjustment to home, school, and community; the relationship between the child and each parent; the interest of the parents in and attitude toward the child; the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and any history of abuse by one parent against the other parent or the child. Oregon law does favor maintaining frequent and continuing contact with both parents, assuming they are fit to provide care. However, if evidence is presented that a parent is unfit, due to reasons such as abuse, neglect, or substance abuse, the court may limit or deny custody or visitation rights to protect the child's well-being.