Child Custody Decisions in North Dakota
In North Dakota, child custody decisions are made based on a variety of factors, all of which aim to ensure the best interests and welfare of the child. The courts consider these factors in accordance with the North Dakota Century Code.
Emotional Ties and Parental Ability
The court considers the love, affection, and other emotional ties existing between the parents and the child. The ability of each parent to provide the child with nurture, love, affection, and guidance is also taken into account (North Dakota Century Code).
Basic Needs and Home Environment
The court evaluates the ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment. The child’s developmental needs and the ability of each parent to meet those needs, both in the present and in the future, are also considered. The sufficiency and stability of each parent’s home environment, the impact of extended family, the length of time the child has lived in each parent’s home, and the desirability of maintaining continuity in the child’s home and community are also assessed.
Parental Cooperation and Moral Fitness
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child is a key factor. The moral fitness of the parents, as that fitness impacts the child, is also considered. The mental and physical health of the parents, as that health impacts the child, is evaluated as well.
Child’s Records and Preferences
The court reviews the home, school, and community records of the child and the potential effect of any change. If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child. The court also considers other factors that may have affected the child’s preference, including whether the child’s preference was based on undesirable or improper influences.
Evidence of Domestic Violence
In determining parental rights and responsibilities, the court considers evidence of domestic violence. If the court finds credible evidence of such, it can significantly impact the custody decision.
Relationship with Nonparent and Other Factors
The court also considers the nature and extent of the relationship between the child and the nonparent, the views of the child, taking into account the age and maturity of the child, past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child, and the likely impact of the requested order on the relationship between the child and the parent.
Presumption Arising from Child Abuse, Neglect, or Domestic Violence
The court presumes that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, neglect, domestic violence, sexual assault, or stalking.
Jurisdictional Considerations
Finally, the court considers whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court allows the parties to submit information and considers all relevant factors, including whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child.
In conclusion, child custody decisions in North Dakota are multifaceted and consider a wide range of factors to ensure the best interests of the child are met.