Judical Code

Section 4. Per capita payments to children.

Unless the per capita distribution ordinance of the Prairie Island Mdewakanton Dakota Community directs otherwise, any per capita payments that the children of a marriage may receive will be under the control of the custodial parent, to be used in the children's best interests. In the event of a conflict between this Domestic Relations title and the Prairie Island Mdewakanton Dakota Community per capita ordinance, the latter shall control.

Section 5. Modification of custody orders.

a. Unless agreed to in writing by the parties, no motion to modify a custody order may be made earlier than one year after the date of the entry of a decree of dissolution containing a provision dealing with custody, except in accordance with clause (c).

b. If a motion for modification has been heard, whether or not it was granted, unless agreed to in writing by the parties no subsequent motion may be filed within two years after disposition of the prior motion on its merits, except in accordance with clause (c).

c. The time limitations prescribed in clauses (a) and (b) shall not prohibit a motion to modify a custody order if the Court has reason to believe that there may be persistent and willful denial or interference with visitation, or has reason to believe that the child's present environment may endanger the child's physical or emotional health or impair the child's emotional development. The Court shall make such determination(s) based upon the affidavits of the parties.

d. The Court shall not modify a prior custody order after hearing on the motion unless it finds, upon the basis of facts that have arisen since the prior order or that were unknown to the Court at the time of the prior order, that a change has occurred in the circumstances of the child or the custodian and that the modification is necessary to serve the best interests of the child. In applying these standards the Court shall retain the custodian established by the prior order unless the Court finds:

(ii) The child has been integrated into the family of the petitioner with the consent of the custodian; or

(iii) The child's present environment endangers the child's physical or emotional health or impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.