If you are aiming for the best interests of your children and are doing it without any resentment and bitterness, the judge will take notice of and respect that. This kind of positive attitude will also give your children peace of mind, as they are spared from the tension and animosities between you and the other parent. What do the child s best interests involve? Read on to learn more about how custody decisions are made based on this approach. Essentially, the best interests of the child means that all discussions and decisions regarding the custody and visitation of a child are made with an ultimate goal: promoting and nurturing the security, physical and mental health, happiness, and emotional development of the child. Some of the factors that a judge looks into when deciding custody rights include the age of the child, past behavior of the parents at home, preference of the child on who will take care of him or her, stability of the parents home, the amount of time a parent can devote for taking care of the child, and the parents ability to finance the child s needs. One of the most important, of course, is the decision on who will get primary custody of the children. In most cases, the divorcing parents can come into a mutual agreement. Setting aside their differences, and with the help of their respective attorneys, they arrive on a shared custody. Basically, they would agree to a 50/50 legal as well as the physical custody of the children. The court determines it based on various factors such as the main caretaker of the child, the wishes of the child, the home environment of each parent, the willingness of a parent to nurture a good relationship with the other parent, the character and behavior of each parent, and any case of abuse or neglect of each parent in the past. In paternity suits, all of the 50 states in the U.S. view mothers as the child s primary caretaker. Here, mothers can file a petition against the father on behalf of the child asking him to prove his biological paternity (and his legal fatherhood of same). If it is proven, mothers has the right to ask for child support, medical and health insurance of the child, a share in the medical expenses during birth, and pay a portion of the mother s legal expenses.