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  • The paramount consideration in all child custody controversies is the best interest of the child. Other factors include: who has been the child’s primary caregiver; the child’s reasonable preference, if age appropriate; the character, fitness, attitude and inclination on the part of each parent as he or she impacts the children; immoral conduct by a party that would be detrimental to the welfare of the child; the psychological, physical, environmental, educational, medical, family, emotional, and recreational aspects of the child’s life; religious faith; domestic violence issues; and any written agreement between the parties.