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 Virginia, the 'best interests of the child' standard is the overarching principle used by courts to make decisions regarding child custody and visitation. Virginia Code § 20-124.3 provides a list of factors that courts must consider when determining what arrangement serves the child's best interests. These factors include the age and physical and mental condition of the child and each parent; the relationship existing between each parent and each child; the needs of the child; the role that each parent has played and will play in the future in the upbringing and care of the child; and the propensity of each parent to actively support the child's contact and relationship with the other parent, among others. The statute also considers the child's preference if the child is of reasonable age, intelligence, and experience to express such a preference. Virginia law does presume that it is beneficial for the child to maintain contact with both parents, but this presumption can be challenged if there is evidence that a parent is unfit due to reasons such as abuse, neglect, or substance abuse. Ultimately, each custody case is unique, and the courts have the discretion to weigh these factors in light of the specific circumstances of the child and the family involved.