Legal Provisions for Visitation in North Dakota
In North Dakota, the law provides for the possibility of non-parent visitation rights under certain circumstances. This includes situations where the non-parent has a substantial relationship with the child, or where the non-parent has been a consistent caretaker of the child. These provisions are outlined in the North Dakota Century Code 14-09.4-03.
Visitation Rights for Non-Parents
According to North Dakota Century Code 14-09.4-03, a court may order visitation to a non-parent if the non-parent proves that they have a substantial relationship with the child and denial of visitation would result in harm to the child. The non-parent must also prove that an order of visitation is in the best interest of the child.
The term “substantial relationship” is not explicitly defined in the statute, but it generally refers to a significant, ongoing relationship between the non-parent and the child. This could include a grandparent, a close family friend, or another relative who has been significantly involved in the child’s life.
Visitation Rights for Infants
The law does not specifically address the issue of visitation rights for infants. However, the court will consider the best interests of the child in all cases, including those involving infants. The court may consider factors such as the child’s age, the nature of the relationship between the non-parent and the child, and the potential impact of visitation on the child’s well-being.
Legal Procedures for Requesting Visitation
To request visitation rights, a non-parent must file a verified petition for custody or visitation under penalty of perjury, as outlined in North Dakota Century Code 14-09.4-06. The petition must allege facts showing that the non-parent meets the requirements of a consistent caretaker of the child or has a substantial relationship with the child and denial of visitation would result in harm to the child.
The petition must also state the relief sought and allege specific facts showing the duration and nature of the relationship between the non-parent and the child, including the period the non-parent lived with the child and the care provided, if any.
Limitations and Exceptions
It’s important to note that relief under this chapter is not available during the period of a custody or visitation order entered under chapter 14 -09.3 or other order dealing with custody of or visitation with a child of a deployed parent. A custody or visitation order entered before a parent was deployed remains in effect unless modified by the court (North Dakota Century Code 14-09.4-06).
Furthermore, the court will presume that ordering custody or visitation to a non-parent is not in the best interest of the child if the court finds that the non-parent, or an individual living with the non-parent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state (North Dakota Century Code 14-09.4-12).
In conclusion, while it is possible for a non-parent to request visitation rights for an infant in North Dakota, the court will consider a variety of factors to determine whether granting such rights is in the best interest of the child. It is advisable to consult with a legal professional to understand the specific circumstances and potential outcomes of your case.