Joint legal custody; matters considered in making award
Sec. 15. In determining whether an award of joint legal custody
under section 13 of this chapter would be in the best interest of the
child, the court shall consider it a matter of primary, but not
determinative, importance that the persons awarded joint custody
have agreed to an award of joint legal custody. The court shall also
consider:
(1) the fitness and suitability of each of the persons awarded
joint custody;
(2) whether the persons awarded joint custody are willing and
able to communicate and cooperate in advancing the child's
welfare;
(3) the wishes of the child, with more consideration given to the
child's wishes if the child is at least fourteen (14) years of age;
and
(4) whether the child has established a close and beneficial
relationship with both of the persons awarded joint custody;
(5) whether the persons awarded joint custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so; and
(6) the nature of the physical and emotional environment in the
home of each of the persons awarded joint custody.
As added by P.L.1-1997, SEC.9.
Last modified: May 24, 2006