Starting January 24, 2011, the court must now “give weighted consideration” to the following 16 “best interest” factors:
- Which party is more likely to encourage and permit frequent and continuing contact between the child and another party
- The present and past abuse committed by a party or member of a party’s house-hold, whether there is a continued risk of harm to the child and which party can better provide adequate physical safeguards and supervision
- The parental duties performed by each party on behalf of the child
- The need for stability and continuity in the child’s education, family life and community life
- The availability of extended family
- The child’s sibling relationships
- The well-reasoned preference of the child
- The attempts of a parent to turn the child against the other parent
- Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs
- Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child
- The proximity of the residences of the parties
- Each party’s availability to care for the child or ability to make appropriate child-care arrangements
- The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another.
- The history of drug or alcohol abuse of a party or member of a party’s household
- The mental and physical condition of a party or member of a party’s household
- Any other relevant factor