Child’s Preferences in Divorce Proceedings
In North Dakota, the court may consider a child’s preferences in divorce proceedings, particularly in matters related to custody and visitation rights. This is subject to certain conditions and considerations, as outlined in the North Dakota Century Code and the North Dakota Rules of Court.
Legal Provisions
According to North Dakota Century Code 14-09-06.2, the court must consider all relevant factors when determining the best interests and welfare of the child. This includes the child’s preference for primary residential responsibility, if the court finds that the child is of sufficient maturity to make a sound judgment. The court must also consider other factors that may have affected the child’s preference, including whether the child’s preference was based on undesirable or improper influences.
In-Chambers Interview
As per North Dakota Rules of Court Rule 8.13, the district court may conduct an in-chambers interview of a child in a proceeding to determine primary residential responsibility or parenting time, provided the parents consent. The parents may not be present during the in-chambers interview, but the court must allow counsel to be present and may allow counsel to ask or submit questions. The court must make a record of the in-chambers interview.
Considerations for Child’s Preferences
While the child’s preferences may be considered, it is important to note that the court’s primary concern is the child’s best interests. The court will weigh the child’s preferences against other factors, such as the mental and physical health of the parents, evidence of domestic violence, the home, school, and community records of the child, and the potential effect of any change.
Allegations and Evaluations
In cases where there are allegations of sexual abuse, domestic violence, or an unstable environment, or where the child has special needs or has been placed in foster care, the court may recommend psychological evaluations, psychiatric evaluations, physical evaluations, parenting evaluations, chemical dependency evaluations, or other evaluations as appropriate. These evaluations can provide the court with significant information not otherwise available or likely to be presented by the parents.
Conclusion
In conclusion, while a child’s preferences can be considered in court during divorce proceedings in North Dakota, it is only one of many factors the court will consider when determining the best interests of the child. The court will also take into account the child’s maturity, the circumstances surrounding the child’s preference, and other relevant factors. The ultimate goal is to ensure the child’s welfare and best interests are protected.