Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section YAE.08.08 — Court Proceedings

(a) The initial hearing in actions filed under this Ordinance shall normally be held within thirty (30) days of a petition being filed.

(b) Parties, whether seeking sole or joint legal custody or periods of physical placement, shall file a parenting plan with the Court within thirty (30) days of the initial hearing or such other timeframe as determined by the Court.

(1) Except for cause shown, if a party fails to timely file a required parenting plan that party waives the right to object to the other party's parenting plan.

(2) A parenting plan shall provide information about the following questions:

(A) What legal custody or physical placement the party is seeking.

(B) Where the party lives currently and where the parent intends to live during the next two (2) years. If there is evidence of domestic abuse, the party is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next two (2) years.

(C) Where the party works and the hours of employment. If there is evidence of domestic abuse, the party is not required to disclose the specific address but only a general description of where he or she works.

(D) Who will provide any necessary child care when the parent cannot and who will pay for the child care.

(E) Where the child will go to school.

(F) What doctor or health care facility will provide medical care for the child.

(G) How the child's medical expenses will be paid.

(H) What the child's religious commitment will be, if any.

(I) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.

(J) How the holidays will be divided.

(K) What the child's summer schedule will be.

(L) Whether and how the child will be able to contact the other parties when the child has physical placement with the party providing the parenting plan.

(M) How the party proposes to resolve disagreements related to matters over which the court orders joint decision making.

(N) What child support, family support, maintenance or other income transfer there will be.

(O) If there is evidence of domestic abuse, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

(c) The Court will schedule such hearings as are necessary and appropriate. Proceedings shall be conducted in an expeditious manner and in accordance with tribal law and the Court's Rules of Procedure.

(d) If a guardian ad litem is appointed for a child, the Court shall schedule a status hearing approximately thirty (30) days, or sooner if practical, after appointment in order to receive an update on the actions taken and work performed by the guardian ad litem in the matter.

(e) The Court may refer the parties to peacemaking. The Court shall not refer the parties to peacemaking if attending the session will cause undue hardship or would endanger the health or safety of either party.