Current through Public Act 156 of the 2024 Legislative Session
Section 712.14 - Determination of custody; basis; newborn's best interest; factors(1) In a custody action under this chapter, the court shall determine custody of the newborn based on the newborn's best interest. The court shall consider, evaluate, and make findings on each factor of the newborn's best interest with the goal of achieving permanence for the newborn at the earliest possible date.(2) A newborn's best interest in a custody action under this chapter is all of the following factors regarding a parent claiming parenthood of the newborn: (a) The love, affection, and other emotional ties existing between the newborn and the parent.(b) The parent's capacity to give the newborn love, affection, and guidance.(c) The parent's capacity and disposition to provide the newborn with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.(d) The permanence, as a family unit, of the existing or proposed custodial home.(e) The parent's moral fitness.(f) The parent's mental and physical health.(g) Whether the parent has a history of domestic violence.(h) If the parent is not the parent who surrendered the newborn, the opportunity the parent had to provide appropriate care and custody of the newborn before the newborn's birth or surrender.(i) Any other factor considered by the court to be relevant to the determination of the newborn's best interest.Add. 2000 Act 232, Eff. 1/1/2001 .