LD 1402
pg. 5
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LR 174
Item 1

 
if requested, for any indigent de facto guardian not already
represented.

 
§5-253.__Best interests of child

 
For the purposes of this Part, the best interests of the child
are determined according to this section.

 
(a)__The court shall consider the following factors:

 
(1)__The wishes of the party or parties as to custody;

 
(2)__The reasonable preference of the child, if the court
considers the child to be of sufficient age to express
preference;

 
(3)__The child's primary caretaker;

 
(4)__The intimacy of the relationship between each party and
the child;

 
(5)__The interaction and interrelationship of the child with
a party or parties, siblings and any other person who may
significantly affect the child's best interests;

 
(6)__The child's adjustment to home, school and community;

 
(7)__The length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining
continuity;

 
(8)__The permanence, as a family unit, of the existing or
proposed home;

 
(9)__The mental and physical health of all individuals
involved;

 
(10)__The capacity and disposition of the parties to give
the child love, affection and guidance and to continue
educating and raising the child in the child's culture and
religion or creed, if any;

 
(11)__The child's cultural background; and

 
(12)__The effect on the child of the actions of an abuser,
if related to domestic violence that has occurred between
the parents or other parties.

 
(b)__The court may not consider any one of the factors set


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