Section 1.        Custody.

 a.        Determinations regarding custody of the children of the parties will be made based on the best interests of the children.  When making a custody determination, the Tribal Court shall consider Tribal member­ship/af­fi­lia­tion of the parents or petitioning parties if not a parent and may give preference to Tribal members only if to do so is in the best interests of the child.

 b.        "Best interests of the child" means all relevant factors to be considered by the Tribal Court including, but not limited to:

(1)            The wishes of the child's parent or parents as to custody;

(2)            The reasonable preference of the child, if the Court deems the child to be of sufficient age to express preference;

(3)            The child's primary caretaker;

(4)            The intimacy of the relationship between each parent and the child;

(5)            The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

(6)            The child's adjustment to home, school, and community;

(7)            The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8)            The permanence, as a family unit, of the existing or proposed custodial home;

(9)            The mental and physical health of all individuals involved;

(10)            The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

(11)            The Tribal membership/affiliation of the parent or petitioning party if other than a parent;

(12)            The child's Tribal or cultural background; and

(13)            The effect of domestic abuse on the child if such abuse has occurred within the household of the child.  Domestic abuse means:

(i)            physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; or

(ii)            criminal sexual conduct, as defined by the State of Minnesota, Sections §§609.342, 609.343, 609.344, or 609.345 M.S.A., committed against a minor family or household member by an adult family or household member.

Section 2.        Visitation .

 a.        In any proceeding for divorce, the Tribal Court shall, upon the request of either parent, grant such rights to visitation on behalf of the child and noncustodial parent to maintain a child-to-parent relationship that will be in the best interests of the child.  If the Court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health or impair the child's emotional development, the Court shall restrict visitation by the noncustodial parent as to time, place, duration, or supervision and may deny visitation entirely, as the circumstances warrant.  A parent's failure to pay support because of the parent's inability to do so will not be sufficient cause for denial of visitation.

 b.        Upon the request of either parent, the Court may inform any child of the parties, if eight years of age or older, or otherwise of an age of suitable comprehension, of the rights of the child and the noncustodial parent under the order or decree or any substantial amendment thereof.  The custodial parent shall present the child for visitation by the noncustodial parent, at such times as the Court directs.