English
EspañolHow will a judge make a decision about custody?
The judge will decide who gets custody based on what s/he believes is in the best interest of the child.1 If the judge has found that the other parent committed domestic or family violence against you, s/he is required to consider it when making his/her decision.2 Go to Can a parent who committed violence get custody? for more information.
CNMI law does not list specific “best interest” factors for a judge to consider. Here are a few general examples of things some judges might take into account:
- the emotional, social, moral, and educational needs of your child;
- the home environments offered by each parent;
- the relationship your child has with each parent;
- your child’s wishes, if s/he is old enough and mature enough to give his/her preference; and
- the mental stability of each parent, including any mental illness or drug use.
1 See 8 CMC §§ 1311; 1715(c)
2 8 CMC § 1932
Can a parent who committed violence get custody?
If the judge finds that the other parent committed domestic or family violence against you, s/he is required to consider the following things:
- your child’s safety;
- your safety; and
- the abuser’s history of harming or threatening to harm other people.1
The judge will assume that it is not in your child’s best interest to be in the custody of an abusive parent. However, the abusive parent can present evidence to try to change the judge’s mind.2 This is called a “rebuttable presumption.”
For information about when an abuser can get visitation, go to Can a parent who committed violence get visitation?
Note: If you were absent or you had to move because of the domestic violence, the judge should not hold that against you.3
1 8 CMC § 1932(a)
2 8 CMC § 1931; 1933
3 8 CMC § 1932(b)
Can a parent who committed violence get visitation?
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)
Do I have to go to mediation if I am a victim of domestic or family violence?
If you have an order of protection against the other parent, the judge will not send you to mediation unless you agree to go.1
Even if you don’t have an order of protection, you still might not have to go to mediation. If you told the judge (“made an allegation”) about domestic or family violence, the judge can only refer you to mediation if all of the following things are true:
- both you and the abuser agree to mediation;
- the mediator is certified and trained in domestic violence or is recognized as qualified by the community; and
- you are allowed to bring a support person of your choice to mediation. Your support person could be an attorney, an advocate, or anyone else you prefer.1
In addition, the judge is allowed to refer you to counseling related to your status or behavior as a victim. However, the judge cannot force you to go.2
1 8 CMC § 1937
2 8 CMC § 1939
If the other parent took my child to the CNMI without my consent, can s/he then file for custody in the CNMI?
If you and your child live in another state or territory, a court in the CNMI might refuse to hear a custody case if you can prove that the other parent wrongfully took your child.1
If the other parent files in a CNMI court to modify a custody order issued by another state or territory, you will need to prove both of the following things to try to stop the modification:
- you are the person with custody rights according to the order from the other state or territory; and
- the other parent has improperly:
- removed your child from your physical custody; or
- refused to return the child after a scheduled visit.2
However, the CNMI court may still allow the modification case to proceed if it serves the child’s best interest.2
You will likely need to travel to the CNMI to prove all of this to the judge, and you may need to hire an attorney. However, if the judge agrees with you and dismisses the case, the other parent may be ordered to pay your expenses.3
1 8 CMC § 1609(a)
2 8 CMC § 1609(b)
3 8 CMC § 1609(c)
If a custody order is already in place, how can I get it changed?
Once an order has been entered, either parent can file a motion asking the court to change (modify) the order at any time.1 Although CNMI laws do not specifically say what the judge should consider when making a decision, many CNMI court cases (“caselaw”) have required proof that there has been a substantial change of circumstances since the original order was issued.2
Here are a few examples of events that might be considered substantial changes of circumstances:
- The other parent gets sent to jail or charged with child abuse or neglect;
- You or the other parent want to move to another state or territory; or
- Your child’s needs have changed in a big way.
If you can prove that the other parent has committed an act of domestic or family violence since the order was entered, that would also be considered a change of circumstances.3
1 8 CMC §§ 1311; 1718
2 See Villagomez v. Villagomez, Civil No. 99-0004 (NMI Super. Ct. May 23, 2001)
3 8 CMC § 1934
