Termination of Visitation Rights in North Dakota
In North Dakota, visitation rights, also known as custodial responsibility, can be terminated under certain circumstances. The termination process is governed by the North Dakota Century Code and court rules. This article will explore the legal provisions and procedures for terminating visitation rights in North Dakota.
Legal Provisions for Termination of Visitation Rights
According to North Dakota Century Code 14-09.3-23 (402), a temporary grant of custodial responsibility established by court order can be terminated through a consent procedure. This procedure can be initiated at any time after a deploying parent returns from deployment. Both the deploying parent and the other parent can file an agreement with the court to terminate the temporary order. Once the agreement is filed, the court will issue an order terminating the temporary order effective on the date specified in the agreement. If no date is specified, the order is effective immediately.
Termination of Visitation Rights by Operation of Law
Under North Dakota Century Code 14-09.3-25 (404), a temporary grant of custodial responsibility established by court order can be terminated by operation of law. If no agreement to terminate the temporary order has been filed, the order terminates sixty days after the deploying parent gives notice to the other parent.
Termination of Limited Contact
According to North Dakota Century Code 14-09.3-22, on the motion of a deploying parent, the court can terminate a grant of limited contact. This provision applies after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
Termination of Parental Rights
In North Dakota, a parent’s rights can be terminated under certain circumstances, which can affect visitation rights. According to Rule 8.12, a parent has a right to counsel during all stages of a proceeding to terminate that parent’s parental rights. If indigent, the parent has a right to have legal counsel provided at public expense. The notice of hearing or summons must advise the parent of these rights, and the court must confirm that the notice was given.
Impact on Visitation Rights
Termination of parental rights can have a significant impact on visitation rights. According to North Dakota Century Code 14-09.3-24 (403), after a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interests of the child.
In conclusion, visitation rights can be terminated in North Dakota under certain circumstances. The process is governed by specific provisions in the North Dakota Century Code and court rules. It is important to consult with a legal professional to understand the implications of these provisions and to navigate the legal process effectively.