1.27.200 Best Interest of Child; Modification of Decree; Fees

(a) The Court shall determine custody, either originally or upon petition for modification, in accordance with the best interests of the child. The Court may consider all relevant factors, including:

(1) The wishes of the child's parent or parents as to his/her custody.

(2) The wishes of the child as to his/her custodian.

(3) The interaction and inter-relationship of the child with his/her parent or parents, his/her siblings, and any other person who may significantly affect the child's best interest.

(4) The child's adjustment to his/her home, school and community.

(5) The mental and physical health of all individuals involved.

(b) No motion to modify a custody decree may be made earlier than one year after its date, unless the Court permits it to be made on the basis of affidavit that there is reason to believe the child's a present environment may endanger seriously his/her physical, mental, moral or emotional health.

(c) Fees of attorneys or lay advocate and costs shall be assessed against a party seeking modification if the Court finds that the modification action is pursued in bad faith and/or constitutes harassment.