Custody

A judge can order the parents to go through a dispute resolution process (i.e., mediation or counseling) to resolve any conflicts that there are over the amendment the a parent requests. However, the judge cannot order mediation or counseling if:

• there has been physical, sexual, or emotional abuse against you or your child or the threat to commit such abuse; or
• the other parent has been convicted of one of the following crimes:
  • deliberate homicide;
  • mitigated deliberate homicide;
  • sexual assault;
  • sexual intercourse without consent;
  • deviate sexual conduct with an animal;
  • incest;
  • aggravated promotion of prostitution of a child;
  • endangering the welfare of children;
  • partner or family member assault;
  • sexual abuse of children; and
  • strangulation of a partner or family member.¹

¹ R.C.M. § 40-4-219(9)