§ 36-6-106. Child custody

 In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, such determination shall be made upon the basis of the best interest of the child.  The court shall consider all relevant factors including the following where applicable:

 (1) The love, affection and emotional ties existing between the parents and child;

 (2) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver;

 (3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

 (4) The stability of the family unit of the parents;

 (5) The mental and physical health of the parents;

 (6) The home, school and community record of the child;

 (7) The reasonable preference of the child if twelve (12) years of age or older.  The court may hear the preference of a younger child upon request.  The preferences of older children should normally be given greater weight than those of younger children;

 (8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person;  and

 (9) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child.

Added by 1995 Pub.Acts, c. 428, § 2, eff. June 12, 1995.