Section YAE.08.05 — Commencing A Custody, Physical Placement Or Visitation Proceeding

(a) A proceeding is commenced by a parent filing a petition with the Court to seek custody of a child; seek physical placement of a child; or seek visitation rights to a child.

(b) A person other than a parent may seek legal custody or physical placement of a child only if:

(1) the child is not in the physical custody of one of his or her parents; or

(2) the person has a parent-child relationship with the child; or

(3) the petition alleges that neither parent is a suitable custodian or placement.

(c) An adult who is a grandparent, great-grandparent, step-parent, step-grandparent or who has maintained a relationship similar to a grandparent-child or parent-child relationship with the child may file a petition with the Court to seek visitation rights.

(d) The petition shall identify:

(1) the interested parties, including the child's parents, custodian(s) or person(s) who have physical placement, by name and address if known or identify if not known;

(2) what rights are sought by the person;

(3) why the person is filing the petition at this time;

(4) whether the person is aware of any other active cases relating to the custody of the child in this Court or other courts;

(5) whether the person is aware of any threats of imminent harm to the health, safety or welfare of the child; and

(6) such other information the person believes is appropriate.

(e) The person filing the petition must serve a copy of the petition on other interested parties, including the child's parent(s), custodian(s) or person(s) who have physical placement.

(f) The Court may, upon a showing of good cause, permit the intervention of other interested parties in the proceeding.

(g) The Stockbridge-Munsee Community normally is not a party to the private actions brought under this Ordinance, but may file a request to intervene at any point in the proceedings if it believes that a child is a youth in need of care in accordance with tribal law.