Visitation Rights and Criminal Records in North Dakota
In North Dakota, the court’s primary concern in custody and visitation matters is the best interest of the child. This principle is enshrined in the North Dakota Century Code (NDCC) § 14-09-06.2, which outlines the factors that courts must consider when determining the best interest of the child.
Impact of Criminal Record on Visitation Rights
The presence of a criminal record does not automatically disqualify a parent from obtaining visitation rights. However, the nature of the crime, its severity, and its relevance to the parent’s ability to provide a safe and nurturing environment for the child are all factors that the court will consider.
According to NDCC § 14-09.4-12, the court shall 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. This presumption can be rebutted by the nonparent by 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.
Specific Criminal Convictions and Their Impact
Certain criminal convictions carry more weight in the court’s decision-making process. For instance, if a parent has been convicted of child abuse or neglect, domestic violence, sexual assault, or stalking, the court will presume that granting custody or visitation to that parent is not in the child’s best interest (NDCC § 14-09.4-12).
In cases where a parent has been found to have committed domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon, or 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.
Furthermore, if any court finds that a parent has sexually abused the parent’s child, the court shall prohibit contact between the abusive parent and the child until the court finds that the child is safe.
Conclusion
In conclusion, while a criminal record does not automatically disqualify a parent from obtaining visitation rights in North Dakota, the nature and severity of the crimes committed can significantly impact the court’s decision. The court’s primary concern is always the best interest of the child, and any factors that could potentially endanger the child’s physical, emotional, or psychological well-being will be taken into consideration. Therefore, a parent with a criminal record seeking visitation rights should be prepared to demonstrate that they can provide a safe and nurturing environment for their child.