29-2-16. Individuals with preference for permanent guardianship of minor; preference not controlling.

The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences:#

1. (1)

   The adult who is the preference of the minor if the minor is 14 years of age or older;#

2. (2)

   The nearest adult relative of the minor determined according to Code Section 53-2-1;#

3. (3)

   Other adult relatives of the minor;#

4. (4)

   Other adults who are related to the minor by marriage;#

5. (5)

   An adult who was designated in writing by either of the minor’s natural guardians in a notarized document or document witnessed by two or more persons; or#

6. (6)

   An adult who has provided care or support for the minor or with whom the minor has lived.#

The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.#