Section YAE.08.11 — Visitation Rights

(a) The Court may grant reasonable visitation rights to a person if the Court determines it is in the best interest of the child, so long as:

(1) the parents, guardian or legal custodian have notice of the hearing on visitation rights;

(2) the objection, if any, of the parents, guardian or legal custodian to the visitation is considered.

(b) Whenever possible, the wishes of the child shall be considered when the Court is determining whether to grant visitation rights; however, it is presumed that a fit parent's decision regarding non-parental visitation is in the best interest of the child.

(c) The Court may deny visitation rights to a person if he or she has been convicted of the intentional homicide of a parent of the child, and the conviction has not been reversed, set aside or vacated.

(d) The Court may consider tribal custom and tradition as part of its determination whether visitation rights are in the best interest of a child.

(e) The Court shall issue a written order granting or denying visitation rights. Such order is not considered a sealed order.