9.02.160 Grandparental Rights of Visitation to Unmarried Minor Child; Mediation or Arbitration

The grandparents and great-grandparents of an unmarried minor child may be granted reasonable and balanced visitation rights to the child by the tribal court upon a finding that visitation would be in the best interests of the child and would not adversely interfere with the parent-child relationship.

The tribal court shall consider the amount of the personal contact that has occurred between the grandparents or great-grandparents and the child and the child's parents.

The burden to show that it is in the best interest of the child(ren) to have some visitation and some quality time with their grandparents lies with the grandparents by clear and convincing evidence and the grandparents also must show by clear and convincing evidence that such grandparent visitation would not adversely interfere with the parent-child relationship.

Grandparent visitation is a matter of how much and how the visitation is going to be structured; and, that the Tribal Court(s) may not award visitation unless a parent has denied (or unreasonably denied) visitation to the concerned third party (i.e. grandparents) and parties involved have first gone to mediation or arbitration.

The subordinate right of the grandparents under Turtle Mountain traditional law to have visitation with their grandchildren, regardless of which parent has custody of the child(ren), and regardless of whether the parents are together or not is hereby recognized and affirmed.