§ 30-3-152 — Factors Considered; Order Without Both Parents’ Consent; Presumption Where Both Parents Request Joint Custody

(a) The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:
(1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions jointly.
(3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.
(4) Any history of or potential for child abuse, spouse abuse, or kidnapping.
(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.
(b) The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.
(c) If both parents request joint custody, the presumption is that joint custody is in the best interest of the child. Joint custody shall be granted in the final order of the court unless the court makes specific findings as to why joint custody is not granted.

Legislative History

(Acts 1996, No. 96-520, p. 666, §3.)