A.  Upon failure of a custodian to return a child after revocation of the parent’s consent, the parent may move for dismissal of the proceedings and for the return of the child to their custody.

B.  The motion to dismiss shall be set for contradictory hearing with the custodians.

C.  In making its determination of the best interests of the child, the court shall consider the following:

(1)  The length of the parent/child separation.

(2)  The current fitness of the parent.

(3)  The frequency of contact between the parent and child during the separation.

(4)  The efforts made by the parent to exercise parental responsibilities during the separation, including support.

(5)  The terms and conditions of the judgment.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.