25-4-45.5.   Consideration of domestic abuse and assault conviction in custody award. In awarding custody involving a minor, the court shall consider:

             (1)      A conviction of domestic abuse as defined in subdivision 25-10-1(1); or

             (2)      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

             (3)      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.

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