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 Vermont, as in many other states, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. Vermont family courts consider a variety of factors to determine what will best serve the child's welfare and happiness. These factors include, but are not limited to, the child's age, the child's relationship with each parent, the ability and willingness of each parent to provide love, guidance, and support, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. Vermont law also takes into account the child's wishes if they are of sufficient age and maturity. The presumption in Vermont is that maintaining frequent and continuing contact with both parents is in the child's best interest, unless there is evidence that one of the parents is unfit due to reasons such as abuse, neglect, or substance abuse. This presumption can be overcome if there is a showing that contact with a parent would be detrimental to the child's physical or emotional well-being.