Introduction
Divorce is a complex legal process that involves the dissolution of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, and the dividing of marital assets. In North Dakota, the divorce process is governed by the North Dakota Century Code. This article will provide a detailed overview of divorce in North Dakota, focusing on the legal aspects of child custody and visitation rights, particularly in situations where the parents were never married.
Child Custody and Visitation in North Dakota
In North Dakota, child custody and visitation rights are determined based on the best interests of the child. The court considers several factors when determining the best interests of the child, including the child’s relationship with each parent, the child’s age and maturity, and any past or present conduct by a party that poses a risk to the child’s well-being (North Dakota Century Code 14-09.4-12).
Custody and Visitation Rights for Nonparents
In certain circumstances, the court may grant custody or visitation rights to nonparents. According to North Dakota Century Code 14-09.4-03, a nonparent may be granted custody or visitation rights if they can prove that they are a consistent caretaker or have a substantial relationship with the child, and that granting them custody or visitation rights is in the best interests of the child.
However, the court will presume that granting custody or visitation rights to a nonparent is not in the best interests of the child if the nonparent, or someone living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct (North Dakota Century Code 14-09.4-12). This presumption can be rebutted by the nonparent if they can provide clear and convincing evidence that granting them custody or visitation rights will not endanger the child’s health, safety, or welfare.
Visitation Rights for Parents Who Were Never Married
The question of whether visitation can be ordered if the parents were never married is not explicitly addressed in the North Dakota Century Code. However, the law does not differentiate between parents based on their marital status when it comes to the best interests of the child. Therefore, it can be inferred that visitation can be ordered if the parents were never married, as long as it is in the best interests of the child.
Modification of Custody or Visitation Orders
In North Dakota, a final custody or visitation order can be modified if there is a substantial and continuing change in circumstances relevant to the custody or visitation of the child, and if the modification is in the best interests of the child (North Dakota Century Code 14-09.4-14).
Conclusion
In conclusion, the primary concern of the court in North Dakota when determining custody and visitation rights is the best interests of the child. This applies regardless of the marital status of the parents. Therefore, visitation can be ordered if the parents were never married, as long as it is in the best interests of the child. However, the specific circumstances of each case will ultimately determine the outcome. It is always advisable to consult with a legal professional when dealing with complex family law matters.