Modification of Visitation in North Dakota
In North Dakota, the law allows for the modification of visitation orders under certain circumstances. This is governed by the North Dakota Century Code sections 14-09.4-13 and 14-09.4-14.
Conditions for Modification
According to section 14-09.4-14, a court may modify a final custody or visitation order if a preponderance of the evidence shows that:
- A substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child; and
- Modification is in the best interest of the child.
This means that if your child’s needs change significantly and continuously, and you can prove that modifying the visitation order is in the best interest of your child, the court may grant your request for modification.
Procedure for Modification
The process for modifying a visitation order begins with a motion. The party seeking the modification must file a motion with the court, presenting evidence to support their claim of a substantial and continuing change in circumstances and that the modification is in the child’s best interest.
Limitations on Modification
However, there are limitations to this rule. As per section 14-09.4-14(5), the court may not modify the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility unless the court finds the modification is necessary to serve the best interests of the child and:
- The persistent and willful denial or interference with parenting time;
- The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development; or
- The residential responsibility for the child has changed to the other parent for longer than six months.
Best Interest of the Child
The best interest of the child is a paramount consideration in any custody or visitation modification. The court will consider various factors to determine the child’s best interest, including the child’s relationship with each parent, the child’s age and health, the child’s adjustment to home, school, and community, and the mental and physical health of all individuals involved, among others.
Conclusion
In conclusion, if your child’s needs change, you may be able to modify the visitation order in North Dakota. However, you must be able to prove that there has been a substantial and continuing change in circumstances and that the modification is in the best interest of your child. It is advisable to consult with a legal professional to understand the process and requirements better.