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 South 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 South Dakota Codified Laws (SDCL) and is applied to ensure that the child's welfare is the foremost concern. The factors considered by the court include the child's safety, happiness, mental and emotional health, educational needs, special requirements, relationships with siblings, and the child's own preferences if they are of sufficient age and maturity. Additionally, the court examines the parents' or caregivers' ability to provide for the child, which encompasses their emotional and physical health, financial stability, and any history of abuse or substance abuse. While there is a general presumption that maintaining relationships with both biological parents is in the child's best interest, this presumption can be overcome if evidence shows that a parent is unfit. The court's primary objective is to foster an environment that promotes the child's overall well-being and development.