Impact of a Parent’s Criminal Record on Custody in North Dakota
In North Dakota, the court’s primary concern in custody cases is the best interest of the child. This principle is enshrined in the North Dakota Century Code (NDCC) § 14-09-06.2. The court considers several factors to determine what would be in the child’s best interest, including the moral fitness of the parents, the mental and physical health of the parents, and evidence of domestic violence. A parent’s criminal record can indeed impact custody decisions, as it may be indicative of these factors.
Criminal Record as a Measure of Moral Fitness
Under NDCC § 14-09-06.2(1)(f), the court considers the moral fitness of the parents as it impacts the child. A criminal record could be seen as a reflection of a parent’s moral fitness. However, the court will likely consider the nature of the crime, the time elapsed since the crime, and the parent’s behavior since the crime. A minor offense committed a long time ago may have less impact than a recent serious crime.
Impact of Domestic Violence and Child Abuse
The court takes allegations of domestic violence and child abuse very seriously. According to NDCC § 14-09-06.2(1)(j), the court considers evidence of domestic violence when determining parental rights and responsibilities. If the court finds credible evidence of domestic violence, especially if it resulted in serious bodily injury or involved the use of a dangerous weapon, or if there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, the court may only allow supervised parenting time with that parent unless there is clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
Furthermore, NDCC § 14-09.4-12 states that the court shall presume 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, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of the law of this state or another state. A parent with a criminal record for such offenses may face significant challenges in obtaining custody or unsupervised visitation rights.
Criminal Record of Nonparent Seeking Custody
In cases where a nonparent seeks custody, the court may consider the criminal history of the nonparent and any adult living in the home of the nonparent, as per NDCC § 14-09.4-13. This includes assessing and recommending the criminal history record of the identified adoptive parent. Therefore, a criminal record could potentially impact a nonparent’s chances of obtaining custody.
Conclusion
In conclusion, a parent’s criminal record can indeed affect custody decisions in North Dakota. The court will consider the nature and severity of the crime, the time elapsed since the crime, and the parent’s behavior since the crime. Crimes involving domestic violence, child abuse, or similar offenses are particularly likely to impact custody decisions. However, the court’s primary concern is always the best interest of the child, and all factors will be considered in that context.