Changes to Existing Law

In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall must be guided by consideration of what appears to be for the best interests of the child, in respect to the child's temporaland, mental, and moral welfare. If the child is of a sufficient age to form an intelligent preference, the The court may shall consider that preferencethe desires and wishes of the child in determining the question, if the child is of an age of comprehension, regardless of chronological age, and if the child's desires and wishes are based on sound reasoning. As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody.