41-1-601. Best interests of child -- factors to consider.
424 words·~2 min read·
/mt/title-41/chapter-1/part-6/41-1-601·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
41-1-601 . Best interests of child -- factors to consider.
(1)In any circumstance in which the best interests of a child must be determined, the following factors, to the extent they are present, must be considered but are not exhaustive:
(a)the physical and emotional safety of the child;
(b)the temperament and developmental needs of the child;
(c)the capacity and the disposition of the parents to understand and meet the needs of the child;
(d)any relevant and material information obtained from the child, including the informed preferences of the child;
(e)the wishes of the child's parents as to custody;
(f)the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person who may significantly affect the best interests of the child;
(g)the importance of family integrity, the emotional ties, and relationships between the child and the child's parents, siblings, family, household members, or other caregivers;
(h)the willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;
(i)any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;
(j)the ability of each parent to be actively involved in the life of the child;
(k)the child's adjustment to the child's home, school, and community environments;
(l)the capacity of the parents to provide a stable home and adequate food, clothing, and medical care, which may not be based solely on the socioeconomic status of a parent;
(m)the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, may not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;
(n)the child's cultural background;
(o)the effect on the child exposed to an offense identified in 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 against a partner or family member in the presence of the child by a predominant aggressor;
(p)whether the child or a sibling of the child has been abused or neglected as defined in 41-3-102 ; and
(q)whether the party satisfactorily completes participation in a parenting education program established pursuant to a court directive.
(2)A court is not required to assign any weight to any of the factors that it considers but shall articulate the basis for its decision.