[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 11-5-2015 by Ord. No. 15-28. Amendments noted where applicable.]
The purpose of this chapter is to preserve the opportunity of
children, who are members of the Tribe, eligible for membership in
the Tribe, or a first- or second-generation descendant of a member
of the Tribe, to form and maintain meaningful relationships with grandparents,
who play an important role in their care, development, education,
or nurturance.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person under the age of 18 years who is a member of the
Tribe, eligible for membership in the Tribe, or a first- or second-generation
descendant of a member of the Tribe, whether or not domiciled or resident
on the Menominee Indian Reservation.
The Menominee Tribal Court.
The legal or biological grandparent(s), great-grandparent(s)
or great-great-grandparent(s) or the legal step-grandparent(s) of
a child. Proof of relationship would need to be provided to the Court.
The legal guardian of the child.
The legal or biological parent of the child.
The Menominee Indian Tribe of Wisconsin.
The grandparent(s) may petition the Court for grandchild(ren)
visitation rights in the following circumstances:
A.
The parents of the child(ren) are divorced, legally separated or
no longer in a relationship; or
B.
An action for divorce or separate maintenance has been commenced
by one of the parents of the child(ren);
C.
The parent of the child(ren), who is the child of the grandparent,
has died;
D.
If the parent(s) have denied petitioner(s) visitation with the child(ren);
or
E.
The petitioner(s) have not been previously denied visitation or placement
by a court, or there is not another action pending before a court
regarding visitation or placement of the child(ren).
The clerk of court shall schedule a hearing on the petition
within 60 days of its filing. A copy of any petition filed under this
chapter shall be served on each of the child's parents, and any
guardian other than a parent, together with a notice of hearing which
specifies that the hearing shall be on the merits of the petition
and that the court may make a visitation award at the close of the
hearing. A guardian ad litem shall be appointed in all cases upon
the filing of a petition under this chapter, unless the visitation
order is stipulated to by the petitioner, the child's parents,
and any other guardian.
The Court may order visitation rights if it finds that such
an order would be in the best interests of the child. The Court shall
take into account all of the following factors:
A.
The family relationship of the petitioner to the child;
B.
The quality of the relationship of the petitioner with the child;
C.
The family relationship and quality of the relationship between the
petitioner and each of the child's parents and any other guardian;
D.
The relationship between the child's parents, provided that
visitation rights may be awarded, whether or not the parents'
relationship is intact;
E.
The child's wishes, taking into account the age of the child;
F.
The benefits and detriments to the child of awarding visitation rights
to the petitioner;
G.
The feasibility of fashioning an award of visitation rights while
minimizing interference with the parents' custodial rights;
H.
The reason that the child's parent or guardian restricted the
visitation with the grandparent;
I.
Any other information that the Court may have at its disposal that
is relevant to the petitioner(s) ability to provide a safe and nurturing
environment if visitation is awarded; and
J.
Whether the petitioner has shown sufficient information to rebut
the presumption that the child's parent or guardian was acting
in the best interest of the child in denying visitation to the petitioner.
A.
Within 30 days of the hearing, the Court shall grant or deny the
petition, or grant the petition conditionally or with such modifications
as are in the best interest of the child. All orders shall be in writing
and shall specify to the greatest extent practicable the particular
rights, if any, that are awarded.
B.
An order may award visitation rights under the circumstances prevailing at the time of the order, and may also award contingent visitation rights under circumstances prevailing at the time of the order, and may also award contingent visitation rights under circumstances that may reasonably be expected to occur at a future time, provided that any such award of contingent rights is reviewable under § 352-8.
The fees of the appointed guardian ad litem shall be paid by
the Court.
Any order issued under this chapter may be modified upon motion,
notice, and hearing.
This chapter shall become effective upon final approval of the
Menominee Tribal Legislature.
