In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody. The court shall also consider:

1. (1) the fitness and suitability of each of the persons awarded joint custody;
2. (2) whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare;
3. (3) the wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age;
4. (4) whether the child has established a close and beneficial relationship with both of the persons awarded joint custody;

5. (5) whether the persons awarded joint custody:

   1. (A) live in close proximity to each other; and
   2. (B) plan to continue to do so; and

6. (6) the nature of the physical and emotional environment in the home of each of the persons awarded joint custody.

   [Pre-1997 Recodification Citation: 31-1-11.5-21(g).]

As added by P.L.1-1997, SEC.9. Amended by P.L.3-2008, SEC.237.