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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.]