Custody

A judge can order the parents to go through mediation or counseling (“dispute resolution process”) to resolve any conflicts regarding the amendment 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 or dead human body;
  • incest;
  • child sex trafficking;
  • 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)