13.25.080 Restrictions in parenting plans.
The Tribal Court may restrict or limit any provision of a parenting plan based on factors or conduct that the Court finds by a preponderance of the evidence is adverse to the best interests of the child, including:
(a) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;
(b) Physical, sexual or emotional abuse of a child;
(c) A history of acts of domestic violence;
(d) An assault or sexual assault that causes grievous bodily harm or the reasonable fear of such harm to a parent;
(e) Neglect or substantial nonperformance of parenting functions;
(f) Long-term emotional or physical impairment that interferes with the parent’s performance of parenting functions;
(g) Long-term impairment resulting from drug, alcohol or other substance abuse that interferes with the performance of parenting functions;
(h) Abusive use of conflict by the parent that creates the danger of serious damage to the child’s psychological development;
(i) Withholding from the other parent or other parent’s extended family access to the child for a protracted period without actual good cause; or
(j) Such other factors as the Tribal Court expressly finds adverse to the best interests of the child. [Ord. 50 § 5.2(7), adopted, 3/23/2017.]