(2) |
In determining any form of custody and parent-time under Subsection (1), the court shall consider the best interest of the child and may consider among other factors the court finds relevant, the following for each parent:
(a) |
evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse, involving the child, the parent, or a household member of the parent; |
(b) |
the parent’s demonstrated understanding of, responsiveness to, and ability to meet the developmental needs of the child, including the child’s:
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(c) |
the parent’s capacity and willingness to function as a parent, including:
(ii) |
co-parenting skills, including:
(A) |
ability to appropriately communicate with the other parent; |
(B) |
ability to encourage the sharing of love and affection; and |
(C) |
willingness to allow frequent and continuous contact between the child and the other parent, except that, if the court determines that the parent is acting to protect the child from domestic violence, neglect, or abuse, the parent’s protective actions may be taken into consideration; and |
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(iii) |
ability to provide personal care rather than surrogate care; |
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(d) |
in accordance with Subsection (10), the past conduct and demonstrated moral character of the parent; |
(e) |
the emotional stability of the parent; |
(f) |
the parent’s inability to function as a parent because of drug abuse, excessive drinking, or other causes; |
(g) |
whether the parent has intentionally exposed the child to pornography or material harmful to minors, as “material” and “harmful to minors” are defined in Section 76-10-1201; |
(h) |
the parent’s reasons for having relinquished custody or parent-time in the past; |
(i) |
duration and depth of desire for custody or parent-time; |
(j) |
the parent’s religious compatibility with the child; |
(k) |
the parent’s financial responsibility; |
(l) |
the child’s interaction and relationship with step-parents, extended family members of other individuals who may significantly affect the child’s best interests; |
(m) |
who has been the primary caretaker of the child; |
(n) |
previous parenting arrangements in which the child has been happy and well-adjusted in the home, school, and community; |
(o) |
the relative benefit of keeping siblings together; |
(p) |
the stated wishes and concerns of the child, taking into consideration the child’s cognitive ability and emotional maturity; |
(q) |
the relative strength of the child’s bond with the parent, meaning the depth, quality, and nature of the relationship between the parent and the child; and |
(r) |
any other factor the court finds relevant. |
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