40-4-223. Award of joint or separate custody. (1) In custody disputes involving both parents of a minor child, the court shall award custody according to the best interests of the child as set out in 40-4-212:
     (a) to both parents jointly; the court shall inquire whether a joint custody agreement was made knowingly and voluntarily; or
     (b) to either parent. In making an award to either parent, the court shall consider, along with the factors set out in 40-4-212, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent and may not prefer a parent as custodian because of the parent's sex.
     (2) In making an award, the court shall require the submission of a plan for the implementation of the custody order.
     (3) In making an award, the court shall state in its decision the reasons and factors considered in making the award.

     History: En. Sec. 2, Ch. 416, L. 1981; amd. Sec. 2, Ch. 727, L. 1985.