3182

In all cases of divorce, dissolution, or separation of an unmarried couple where minors are involved, joint custody of the minors shall be taken into consideration if it inures to the best interest of the minor, even against the will of the parent who is interested in being awarded sole custody, unless there is evidence to the contrary and except for the cases where the exclusions set forth in § 3187 of this title apply. Therefore, courts shall evaluate and consider joint custody subject to the provisions of this chapter. The judge shall ensure compliance with parenting plans and joint custody agreements, upon petition of a party.\nNone of the provisions of this section shall be construed as compelling the court to issue an order for joint custody. In those cases in which it is proven that one of the parents lacks the capacity to be awarded the same, the courts, acting in benefit of the best interests of the minors, shall not award joint custody. However, courts shall be observant of any frivolous and baseless action from any of the parents directed to preventing the other parent from enjoying joint custody when having the capacity to do so.\nHistory —Nov. 21, 2011, No. 223, § 4.