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 Wisconsin, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. Wisconsin statutes outline several factors that courts must consider to determine what is in the best interests of the child. These factors include, but are not limited to, the wishes of the child and the parents, the child's relationship with parents, siblings, and other significant individuals, the child's adjustment to home, school, and community, the mental and physical health of the parties involved, and the availability of child care services. The court also considers evidence of abuse or neglect, any substance abuse issues, and the ability of each parent to provide a stable, loving environment. While there is a presumption that maintaining a relationship with both biological parents is in the child's best interests, this presumption can be overcome if evidence shows that a parent is unfit due to circumstances such as abuse, neglect, or other factors that may harm the child's well-being.