Legal Considerations for Out-of-State Travel During Visitation
When it comes to taking a child out of state during visitation time, there are several legal considerations to keep in mind. The laws governing this issue are primarily found in the North Dakota Century Code (NDCC), specifically in the sections related to child custody and visitation.
Child Custody and Visitation Laws in North Dakota
Under NDCC 14-14.1-24 (304), a court in North Dakota that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing a visitation schedule made by a court of another state. This implies that if your visitation schedule, as determined by a court order, does not explicitly allow for out-of-state travel, you may need to seek a temporary order permitting such travel.
Interference with Visitation Rights
According to NDCC 14-09-24, if a parent willfully and persistently denies visitation rights to the noncustodial parent, the court may award the noncustodial parent reasonable attorney’s fees and costs. This section also states that the court may use any remedy available to enforce a child support order and which is appropriate to enforce visitation. This suggests that if a custodial parent interferes with the noncustodial parent’s right to travel out of state with the child during their visitation time, the court may intervene to enforce the visitation rights.
Temporary Emergency Jurisdiction
Under NDCC 14-14.1-15 (204), a court in North Dakota has temporary emergency jurisdiction if the child is present in the state and has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. This provision could potentially be invoked if a parent takes a child out of state during visitation time and the other parent alleges that the child is at risk.
Conclusion
In conclusion, while the North Dakota Century Code does not explicitly prohibit a parent from taking their child out of state during visitation time, it does provide certain protections and remedies to ensure that visitation rights are respected and that the child’s welfare is protected. It is always advisable to consult with a legal professional or the court before making any decisions that could potentially violate a custody or visitation order.