(2) Physical, sexual, or a pattern of emotional abuse of a child;
(3) A history of acts of domestic violence if it interferes with the performance of parenting
functions;
(4) An assault or sexual assault which causes grievous bodily harm or the fear of such
harm;
(5) Neglect or substantial non-performance of parenting functions;
(6) Long term emotional or physical impairment which interferes with the parent’s
performance of parenting functions;
(7) Long term impairment resulting from drug, alcohol or other substance abuse that
interferes with the performance of parenting functions;
(8) Abusive use of conflict by the parent which creates the danger of serious damage to the
child’s psychological development;
(9) Withholding from the other parent access to the child for a protracted period without
good cause; or
(10)
Such other factors as the Court expressly finds adverse to the best interest of the
child.
(f) Failure to Agree - If the parents are unable to reach agreement on the terms of the parenting
plan and the Court determines that it needs additional information before ordering a parenting
plan, the Court may appoint a guardian ad litem whose investigation shall be provided to the
parties and the Court and be subject to cross-examination.
(g) Presumptions - In ordering a permanent parenting plan, the Court shall not draw any
presumptions from the provisions of a temporary parenting plan or separation agreement.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-3.13 Visitation Rights; Person Other Than Parent.
(a) A person other than a parent may petition the Court for visitation rights at any time after a
petition has been filed by a parent under this Chapter.
(b) The Court may order visitation rights for a person other than a parent only upon a finding that
it:
(1) does not infringe upon fundamental parental rights to make decisions concerning the
care, custody, and control of the child(ren);
(2) is consistent with Tribal custom and tradition, and
(3) is in the best interest of the child(ren).
(c) The Court may modify an order granting or denying visitation rights only if such modification
would satisfy this Section.
7-3.14 Child Support; Computation Factors.
(a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity,
maintenance, or child support, the Court may order either or both parents owing a duty of
support to a child, born to or adopted by the parents, to pay an amount reasonable and
necessary for support, without regard to marital misconduct after considering all relevant
factors, including:
(1) The financial resources and needs of the child.
(2) The financial resources and needs of each parent.
(3) The standard of living the child would have enjoyed had the marriage not been
dissolved.
(4) The physical and emotional condition of the child, and his educational needs.
(5) Excessive and abnormal expenditures, destruction, concealment, or fraudulent
disposition of property held in common.
(6) The age and ability of the child to finish high school before age 18.
(b) In the case of a mentally or physically disabled child, the Court may order support to continue
past the age of emancipation and to be paid to the parent or guardian with whom the child
resides, or to the child.
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Revised Spokane Law & Order Code, 5/14/2013