25-4-45.5 Consideration of domestic abuse and assault conviction in custody award.
Consideration of domestic abuse and assault conviction in custody award.
awarding custody involving a minor, the court shall consider:
A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
A conviction of assault against a person as defined in subdivision 25-10-1(2), except
against any person related by consanguinity, but not living in the same household; or
A history of domestic abuse.
The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody
to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only
be proven by greater convincing force of the evidence.
Source: SL 1997, ch 156, § 1; SL 2008, ch 122, § 1.