(A) In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence as defined in Section 16-25-20 or Section 16-25-65 including, but not limited to:
(1) physical or sexual abuse; and
(2) if appropriate, evidence of which party was the primary aggressor, as defined in Section 16-25-70.
(B) The absence or relocation from the home by a person, against whom an act of domestic violence has been perpetrated, if that person is not the primary aggressor, must not be considered by the court to be sufficient cause, absent other factors, to deny custody of the minor child to that person.
HISTORY: 2008 Act No. 361, Section 2.