Visitation Rights in North Dakota
In North Dakota, visitation rights, also known as parenting time, are determined by the courts with the best interests of the child as the primary consideration. The state’s legal framework for visitation rights is outlined in the North Dakota Century Code (N.D.C.C.) and the North Dakota Rules of Court.
Determining Visitation Rights
According to N.D.C.C. § 14-09-06.6, the court may modify an order for parental rights and responsibilities if it finds, after a hearing, that a change in circumstances has occurred and modification is necessary to serve the best interests of the child. The court may refer the parties to mediation if it believes it may be useful to the parties and the child. This referral is made only after a court order has determined that a prima facie case under N.D.C.C. § 14-09-06.6 has been established (c) Mediation Process, 1(B)).
Restraining Provisions
In North Dakota, restraining provisions are included in the summons for an action to determine parental rights and responsibilities. These provisions include a restriction that neither party may remove any of their minor children from North Dakota without the written consent of the other party or order of the court (b) Restraining Provisions – Action to Determine Parental Rights and Responsibilities, (1)). Violation of these provisions may result in contempt of court.
Temporary Support, Attorney’s Fees, and Parental Rights and Responsibilities
During any time in which an action for separation or divorce is pending, the court may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorney’s fees. The court may also make an order concerning parental rights and responsibilities concerning the children of the parties (14-05-23. Temporary support, attorney’s fees, and parental rights and responsibilities).
Informational Statement
In accordance with RULE 8.3, N.D.R.Ct., an informational statement must be filed in cases involving minor children. This statement includes details about any parenting dispute, visitation dispute, or child support dispute. If the State of North Dakota is a real party in interest regarding child support under N.D.C.C. 14-09-09.26, it must be added as a party to the title under N.D.R.Civ.P. 10(a).
In conclusion, visitation rights in North Dakota are determined by the courts with the best interests of the child as the primary consideration. The legal framework for these rights is outlined in the North Dakota Century Code and the North Dakota Rules of Court. It is important for parents to understand these laws and to seek legal counsel if they have questions or concerns about their rights and responsibilities.