11.02.370 Change in Residence

(a) Any child whose custody is governed by Tribal Court and provides for joint custody has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of any child whose custody is governed by Tribal Court order and provides for joint custody shall not change a legal residence of the child to a location that is more than one-hundred (100) miles from the child's legal residence at the time of the order.

(b) When filing to modify a joint custody order, Section 11.02.370(a) does not apply if:

(1) the other parent consents to the residence change and the Tribal Court enters an order permitting the residence change;

(2) after complying with paragraph C below, the Tribal Court permits the residence change;

(3) after a hearing, the Tribal Court determines to grant sole legal custody and sole physical custody to one (1) of the parents; or

(4) the modified order would result in the child's two (2) legal residences being closer to each other.

(c) Before permitting a legal residence change otherwise restricted by Section 11.02.370(a), the Tribal Court shall consider each of the following factors, with the child best interests as the primary focus in the deliberations:

(1) each parent's reasons for seeking relocation or fighting against the relocation;

(2) the quality of the child's relationship with each parent;

(3) the degree to which the Tribal Court is satisfied that, if it permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification;

(4) whether the legal residence change has the capacity to improve the quality of life, including financially, emotionally, and educationally, for both the child and the relocating parent; and

(5) domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(d) Each Tribal Court order determining or amending custody or parenting time of any child shall include a provision stating each parent's agreement as to how a change in either of the child's legal residences will be handled. If such a provision is included in the order and the child's legal residence change is done in compliance with that provision, this paragraph shall not apply. If the Parents do not agree on such a provision, the Tribal Court shall include in the order the following provision: "A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with this chapter."

(e) If this section applies to a change in a child's legal residence, and the parent seeking to change that legal residence needs to seek a safe location from the threat of domestic violence, the parent may move to such a location with the child until the Tribal Court makes a determination under this section.