Visitation Rights in North Dakota
In North Dakota, the law allows for non-parents to seek visitation rights under certain circumstances. This is governed by the North Dakota Century Code (NDCC) Chapter 14-09.4, which outlines the requirements and procedures for non-parents seeking custody or visitation rights.
Non-Parent Visitation Rights
According to NDCC 14-09.4-03, a court may order visitation to a non-parent if the non-parent proves that they have a substantial relationship with the child and denial of visitation would result in harm to the child. Additionally, the non-parent must prove that an order of visitation is in the best interest of the child.
However, the court will presume that ordering 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 the law of this state or another state (NDCC 14-09.4-04).
Seeking Visitation Rights
If a non-parent seeks visitation, the court may not order custody to the non-parent seeking visitation (NDCC 14-09.4-13). This means that even if you do not have custody, you can still seek visitation rights. However, the court will consider various factors before granting visitation rights.
Modification of Custody or Visitation
According to NDCC 14-09.4-14, the court may modify a final custody or visitation order on a showing by a preponderance of the evidence that a substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child, and that modification is in the best interest of the child.
Verified Petition for Visitation
To seek visitation rights, a non-parent must verify a petition for visitation under penalty of perjury and allege facts showing the non-parent has a substantial relationship with the child and denial of visitation would result in harm to the child (NDCC 14-09.4-06). The petition must state the relief sought and allege specific facts showing the duration and nature of the relationship between the non-parent and the child, including the period the non-parent lived with the child and the care provided, if any.
In conclusion, while custody and visitation are separate issues, non-parents can seek visitation rights in North Dakota even if they do not have custody. However, the court will consider various factors, including the best interest of the child, before granting visitation rights. It is advisable to consult with a legal professional to understand the specific requirements and procedures involved in seeking visitation rights in North Dakota.