30-3-10.2 - Joint custody order -- Factors for court determination -- Public assistance.
30-3-10.2. Joint custody order -- Factors for court determination -- Publicassistance.
(1) The court may order joint legal custody or joint physical custody or both if one orboth parents have filed a parenting plan in accordance with Section 30-3-10.8 and it determinesthat joint legal custody or joint physical custody or both is in the best interest of the child.
(2) In determining whether the best interest of a child will be served by ordering jointlegal or physical custody, the court shall consider the following factors:
(a) whether the physical, psychological, and emotional needs and development of thechild will benefit from joint legal or physical custody;
(b) the ability of the parents to give first priority to the welfare of the child and reachshared decisions in the child's best interest;
(c) whether each parent is capable of encouraging and accepting a positive relationshipbetween the child and the other parent, including the sharing of love, affection, and contactbetween the child and the other parent;
(d) whether both parents participated in raising the child before the divorce;
(e) the geographical proximity of the homes of the parents;
(f) the preference of the child if the child is of sufficient age and capacity to reason so asto form an intelligent preference as to joint legal or physical custody;
(g) the maturity of the parents and their willingness and ability to protect the child fromconflict that may arise between the parents;
(h) the past and present ability of the parents to cooperate with each other and makedecisions jointly;
(i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
(j) any other factors the court finds relevant.
(3) The determination of the best interest of the child shall be by a preponderance of theevidence.
(4) The court shall inform both parties that an order for joint physical custody maypreclude eligibility for cash assistance provided under Title 35A, Chapter 3, EmploymentSupport Act.
(5) The court may order that where possible the parties attempt to settle future disputesby a dispute resolution method before seeking enforcement or modification of the terms andconditions of the order of joint legal custody or joint physical custody through litigation, exceptin emergency situations requiring ex parte orders to protect the child.
Amended by Chapter 142, 2005 General Session