11.02.380 Amendment of Custody Order or Judgment of Divorce Involving Children

(a) After entry of a judgment of divorce and/or custody, the Tribal Court may modify the judgment concerning the custody arrangements only after a showing of a substantial change of circumstances, which must be alleged in a petition and as subject to the requirements of this section.

(b) The Tribal Court may modify custody provisions of a judgment of divorce upon a showing of a substantial change in circumstances. The Tribal Court shall not modify the custody provisions of a judgment of divorce so as to change the established custodial environment of a child unless there is presented a preponderance of the evidence that there has been a substantial change in the circumstances of the parties and that it is in the best interests of the child.

(c) If a petition to amend a judgment of divorce with respect to custody is filed during the time a parent is in active military duty, the Tribal Court shall not enter an order amending the judgment, or issue a new order, that changes the child's placement that existed on the date the parent was called to active military duty, except the Tribal Court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. Upon a parent's return from active military duty, the Tribal Court shall reinstate the custody order in effect immediately before that period of active military duty. If a motion for change of custody is filed after a parent returns from active military duty, the Tribal Court shall not consider a parent's absence due to that military duty in a best interests of the child determination.