#23 · 2026-08-29 · Legal term
Best interests of the child
The best interests of the child standard directs courts to choose custody and visitation arrangements that promote the child's welfare. The relevant factors and presumptions come from the governing state's law.
Rule to remember
The best interests of the child is a state-law custody standard requiring a court to evaluate which arrangement most effectively serves the child's welfare.
Key elements and checks
- Identify the governing state's statutory and decisional factors.
- Evaluate safety, stability, relationships, caregiving, health, and other relevant circumstances.
- Apply any lawful presumptions while keeping the child's welfare central.
In the source’s words
“A list of factors is often used to make such a determination.”
Cornell Wex — Best interests of the child
Factors, presumptions, and the weight given to a child's preference vary substantially by state and by the proceeding involved.