Chapter 03 - FAMILY AND CHILDREN

Sections:

47.0301 Presumptions concerning custody and residence of child.

47.0302 Factors in determining custody and visitation.

47.0303 Conditions of visitation in cases involving domestic and family violence.

 

47.0301 Presumptions concerning custody and residence of child.

In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is:

(1)  detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence.

(2)  In the best interest of the child to reside with the parent who is not a perpetrator of domestic or family violence in the location of that parent’s choice, within or outside the Territory.

 

History:  2004, PL 28-16.

 

47.0302 Factors in determining custody and visitation.

(a)  In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the Court has made a finding of domestic or family violence:

(1)  The Court shall consider as primary the safety and well being of the child and of the parent who is the victim of domestic or family violence.

(2)  The Court shall consider the perpetrator’s history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person.

(b)  If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.

(c)  In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, the finding that domestic or family violence has occurred since the last custody determination constitutes a finding of a change of circumstances.

 

History:  2004, PL 28-16.

 

47.0303 Conditions of visitation in cases involving domestic and family violence.

(a)  A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.

(b)  In a visitation order, a Court may:

(1)  Order an exchange of a child to occur in a protected setting.

(2)  Order visitation supervised by another person or agency.

(3)  Order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation.

(4)  Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation.

(5)  Order the perpetrator of domestic or family violence to pay a fee to defray the costs of supervised visitation.

(6)  Prohibit overnight visitation.

(7)  Require a bond from the perpetrator of domestic or family violence for the return and safety of the child.

(8)  Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of domestic or family violence, or other family or household member.

(c)  The Court may refer but shall not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a condition of receiving custody of a child or as a condition of visitation.

(d)  If a Court allows a family or household member to supervise visitation, the Court shall establish conditions to be followed during visitation.

 

History:  2004, PL 28-16.