Non-Parent Custody in North Dakota
In North Dakota, a non-parent can indeed seek custody of a child under certain circumstances. The North Dakota Century Code provides specific guidelines and requirements for non-parents seeking custody or visitation rights.
Legal Requirements for Non-Parent Custody
According to Section 14-09.4-03 of the North Dakota Century Code, a court may order custody or visitation to a non-parent if the non-parent proves two key points:
- The non-parent is a consistent caretaker or has a substantial relationship with the child, and denial of custody or visitation would result in harm to the child.
- An order of custody or visitation to the non-parent is in the best interest of the child.
A non-parent is considered a consistent caretaker if they have lived with the child for not less than twelve months without expectation of compensation, regularly exercised care of the child, made day-to-day decisions regarding the child, and established a bonded and dependent relationship with the child. The court may accept a shorter period if there is good cause.
Presumption for Parental Decision
However, it’s important to note that Section 14-09.4-04 of the North Dakota Century Code establishes a presumption that a decision by a parent regarding a request for custody or visitation by a non-parent is in the best interest of the child. The non-parent has the burden to rebut this presumption with clear and convincing evidence.
Commencement of Proceedings
A non-parent may commence a proceeding by filing a petition under Section 14-09.4-06 in the court having jurisdiction to determine custody or visitation under chapter 14-14.1. The petition must be verified under penalty of perjury.
Limitations and Exceptions
There are certain limitations and exceptions to non-parent custody. For instance, relief under this chapter is not available during the period of a custody or visitation order entered under chapter 14-09.3 or other order dealing with custody of or visitation with a child of a deployed parent. A custody or visitation order entered before a parent was deployed remains in effect unless modified by the court.
Furthermore, the court shall presume that ordering custody or visitation to a non-parent is not in the best interest of the child if the non-parent, or an individual living with the non-parent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state.
Conclusion
In conclusion, while it is possible for a non-parent to gain custody of a child in North Dakota, the process is complex and requires the non-parent to meet several legal requirements. It is always recommended to consult with a legal professional when dealing with matters of child custody.