In awarding custody involving a minor, the court shall consider:

1. (1) A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
2. (2) A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or
3. (3) A history of domestic abuse.

The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence.

Source: SL 1997, ch 156 , § 1; SL 2008, ch 122 , § 1.