In this appeal, we are called upon squarely to determine the point in time
at which a trial court must specify the reasons for its decision in a child custody
case. We address this question under the “new” Child Custody Act (“the Act”),
which our General Assembly enacted in November 2010, and which took effect in
January 2011. In this case, C.B. appeals
the custody order entered on October 24, 2011. That order awarded primary
physical custody of two childrento their paternal uncle,from whom appellant Aunt
is separated.
To decide this appeal, we must address the timing of the trial court’s
application of the sixteen custody factors delineated in the Act. We hold today
that the Act requires a trial court to address each of these factors prior to
the deadline by which a litigant must file a notice of appeal, and preferably at the time the custody
order is issued or shortly thereafter. We apply this holding prospectively, as
the trial court here was not bound to anticipate this construction of the Act.
