Denial of Visitation Rights in North Dakota
In North Dakota, the denial of visitation rights is a serious matter that can have significant legal consequences. The state’s laws and court procedures provide specific guidelines and remedies for such situations.
Persistent and Willful Denial of Parenting Time
According to the North Dakota Century Code, persistent and willful denial or interference with parenting time is a factor that can be considered by the court when determining the best interests of the child (context a). This means that if a parent consistently and intentionally denies the other parent their court-ordered visitation rights, it could potentially lead to a modification of the custody order.
Legal Procedures for Addressing Denial of Visitation Rights
A party seeking modification of an order concerning primary residential responsibility must serve and file moving papers and supporting affidavits, and give notice to the other party to the proceeding (context 4). The court will consider the motion on briefs and without oral argument or evidentiary hearing, and will deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. If a prima facie case is established, the court will set a date for an evidentiary hearing.
Consequences for the Denying Parent
If the court finds that the denying parent has persistently and willfully interfered with the other parent’s visitation rights, it could lead to a change in the primary residential responsibility for the child. This means that the parent who was previously denied visitation could potentially be granted primary custody of the child.
Best Interests of the Child
In all matters related to child custody and visitation, the court’s primary concern is the best interests of the child. The court will consider a variety of factors, including the child’s present environment, the content of any agreement between the parties regarding care of the child, and the extent to which the parent is willing to permit the nonparent to have custody of or visitation with the child (context b, c, d).
Presumption Arising from Child Abuse, Neglect, or Domestic Violence
The court will presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state (14-09.4-12). This presumption can be rebutted by the nonparent proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.
In conclusion, if your ex denies your visitation rights in North Dakota, you have legal recourse. Persistent and willful denial of parenting time can lead to a modification of the custody order, potentially granting you primary custody of the child. However, all decisions will be made with the best interests of the child in mind. If you find yourself in this situation, it is recommended to consult with a legal professional to understand your rights and the best course of action.