If you and your spouse can agree on custody, that is ideal, since you know your family and its needs better than any judge could. However, if you are unable to reach an agreement, the court will decide custody based on the best interests of the child. The court will take into account many factors, such as the age of the child, the child's wishes, acts or omissions by each parent that indicate their parental fitness, the stability of each parent's home, and the emotional and physical needs of the child.