11.02.360 Parenting Time

(a) In all actions involving any dispute over custody, the Tribal Court shall declare the child's inherent rights and establish the rights and duties as to parenting time in accordance with this chapter.

(b) Parenting time shall be granted in accordance with the best interests of the child. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.

(c) If the parents agree on parenting time terms, the Tribal Court shall order the parenting time terms unless it determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.

(d) A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.

(e) The Tribal Court may consider the following factors when determining the frequency, duration and type of parenting time to be granted:

(1) the existence of any special circumstances or needs of the child;

(2) whether the child is a nursing child less than six (6) months of age, or less than one year of age if the child receives substantial nutrition through nursing;

(3) the reasonable likelihood of abuse or neglect of the child during parenting time;

(4) the reasonable likelihood of abuse of a parent resulting from the exercise of parenting time;

(5) the inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time;

(6) whether a parent can reasonably be expected to exercise parenting time in accordance with the Tribal Court order;

(7) whether a parent has frequently failed to exercise reasonable parenting time;

(8) the threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has custody, provided that a custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent; and

(9) any other relevant factor it deems relevant.

(f) A parenting time order may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent, including without limitation, one or more of the following:

(1) division of the responsibility to transport the child;

(2) division of the cost of transporting the child;

(3) restrictions on the presence of any third person during parenting time;

(4) requirements that the child be ready for parenting time at a specific time;

(5) requirements that the parent arrive for parenting time, and return the child from parenting time, at specific times;

(6) requirements that parenting time occur in the presence of a third person or agency;

(7) requirements that a party posts a bond with the Court to assure compliance with a parenting time order;

(8) requirements of reasonable notice when parenting time will not occur; and

(9) any other reasonable condition determined to be appropriate in the particular case.

(g) During the time a child is with a parent to whom parenting time has been awarded, that parent shall decide all routine matters concerning the child.

(h) Upon motion, the Tribal Court shall consider, and may provide for, reasonable visitation by grandparents and, if denied, shall make a record of the denial.