Supervised Visitation in North Dakota
Supervised visitation is a legal term referring to the contact between a noncustodial parent and their child in the presence of a third party. This arrangement is typically ordered by a court to ensure the child’s safety while maintaining a relationship with both parents. In North Dakota, the specifics of supervised visitation are governed by the North Dakota Century Code.
When is Supervised Visitation Ordered?
Supervised visitation is typically ordered when there are concerns about the child’s safety or well-being during unsupervised contact with the noncustodial parent. According to North Dakota Century Code 14-09.4-12, 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.
The court’s finding must be based on evidence of a conviction in a criminal proceeding or final judgment in a civil proceeding, or proof by a preponderance of the evidence. If a parent has committed domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon, or if there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, the court shall allow only supervised parenting time with that parent unless there is a showing by clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
The Role of the Court in Supervised Visitation
The court plays a significant role in determining the need for supervised visitation. According to North Dakota Century Code 14-09.4-11, in determining whether an order of custody or visitation to a nonparent is in the best interest of a child, the court shall consider several factors. These include the nature and extent of the relationship between the child and the parent, the views of the child, taking into account the age and maturity of the child, and past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child.
In cases of emergency, as per North Dakota Century Code 14-09.4-10, the court may expedite the proceeding and issue an emergency order if it finds that a party or a child who is the subject of a proceeding is in danger of imminent harm.
Modification of Supervised Visitation
As per North Dakota Century Code 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.
In conclusion, supervised visitation is a legal measure designed to protect the child’s safety while preserving their relationship with both parents. It is ordered when there are concerns about the child’s well-being during unsupervised contact with the noncustodial parent. The court plays a crucial role in determining the need for supervised visitation, considering various factors related to the child’s best interest.