Custodia

If the judge finds that you or your child are victims of domestic or family violence, s/he may only award visitation to the abuser if there is a way to ensure that you and your child will both be safe.¹ The judge may choose to order any or all of the following protections:

• exchanges of the child will be made in a safe place;
• visits will be supervised by another person;
• the abuser must cover any costs of the supervision;
• the abuser cannot have or consume any alcohol or controlled substances during the visits and for 24 hours before a visit begins;
• no overnight visits are allowed; or
• any other protection necessary to ensure the safety of your child, you, or another family or household member.²

If visits will be supervised by a family or household member, the judge will establish conditions that must be followed during visits.³

For information about when an abuser can get custody, go to Can a parent who committed violence get custody?

¹ 8 CMC § 1935(a), (c)
² 8 CMC § 1935(b)
³ 8 CMC § 1935(d)