Book I. Of Persons

Title V. Divorce

Chapter 2. Provisional and Incidental Proceedings

Section 3. Child Custody

Art. 132      Award of custody to parents

If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award.

In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.

Acts 1993, No. 261, § 1, eff. Jan. 1, 1994.