Requesting Changes to a Visitation Schedule in North Dakota
In North Dakota, the law allows for changes to be made to a visitation schedule under certain circumstances. This process is governed by specific statutes and court rules, which outline the conditions under which such changes can be requested and the procedures to be followed.
Legal Grounds for Requesting Changes
According to North Dakota Century Code 14-09.4-14, a 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
- Modification is in the best interest of the child.
This means that if there has been a significant change in circumstances since the original visitation order was issued, and if the proposed changes would be in the best interest of the child, a court may consider modifying the visitation schedule.
Procedure for Requesting Changes
The process for requesting changes to a visitation schedule is outlined in North Dakota Court Rule 8.3.1. This rule requires that, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6.
In some cases, a party may request to waive the requirements of the rule. According to Rule 8.2(c), a party making a motion for change of residential responsibility may request as part of the motion to waive the requirements of the rule. The party making a waiver request must show that there is a need for expedited resolution or that there are limited and uncomplicated issues to be resolved.
Considerations for Nonparents
It’s important to note that the law also provides for nonparents to seek changes to a visitation schedule. Under North Dakota Century Code 14-09.4-13, if a nonparent seeks custody, the court may order primary residential responsibility to the nonparent, joint custody to the nonparent and a parent or other party, or visitation to the nonparent. However, if a nonparent seeks visitation only, the court may not order custody to the nonparent seeking visitation.
Interim Orders and Temporary Modifications
In certain circumstances, a party may request an interim order or a temporary modification of residential responsibility. According to Rule 8.2(c)(1), the moving party must demonstrate that there are present circumstances indicating that an interim order is necessary to protect a minor child of the parties, and that good cause exists for the court to issue an order setting the matter on for hearing on shorter notice than provided under these rules.
Registration of Child Custody Determination
In cases where a visitation schedule has been made by a court of another state, North Dakota Century Code 14-14.1-25 allows for the registration of a child custody determination issued by a court of another state in North Dakota. This can be done with or without a simultaneous request for enforcement.
In conclusion, while it is possible to request changes to a visitation schedule in North Dakota, it is a process that is governed by specific laws and court rules. It is always advisable to consult with a legal professional to understand the full implications of these laws and procedures.