Legal Rights and Remedies for Withheld Visitation in North Dakota
In North Dakota, both parents have a legal right to spend time with their children, even after a divorce. This right is typically enforced through a court-ordered visitation schedule. If one parent threatens to withhold visitation, there are legal remedies available.
Understanding Visitation Rights
Under the North Dakota Century Code (NDCC) 14-09.4-06, a noncustodial parent has the right to visitation unless it is proven that such visitation would harm the child. This right is typically enforced through a court-ordered visitation schedule. If a parent threatens to withhold visitation, it is considered a violation of the court order.
Legal Remedies for Withheld Visitation
If a parent threatens to withhold visitation, the other parent has several legal options. They can:
- File a Motion for Contempt: If a parent is not following the court-ordered visitation schedule, the other parent can file a motion for contempt with the court. The court will then hold a hearing to determine if the parent is in violation of the court order (NDCC 14-09.4-08).
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Request a Modification of the Custody Order: If the parent withholding visitation continues to do so, the other parent can request a modification of the custody order. The court will consider the best interests of the child when deciding whether to modify the order (NDCC 14-09.4-13).
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Involve Law Enforcement: In some cases, law enforcement may be able to assist in enforcing a visitation order. However, this should be a last resort and used only in situations where the child’s safety is at risk.
Factors Considered by the Court
When determining whether to modify a custody order or hold a parent in contempt, the court will consider several factors. According to NDCC 14-09.4-11, these factors include:
- The nature and extent of the relationship between the child and the parent;
- The nature and extent of the relationship between the child and the nonparent;
- The views of the child, taking into account the age and maturity of the child;
- Past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child;
- The likely impact of the requested order on the relationship between the child and the parent;
- The applicable factors in section 14-09-06.2; and
- Any other factor affecting the best interest of the child.
Conclusion
In conclusion, if a parent threatens to withhold visitation in North Dakota, the other parent has several legal remedies available. It is important to consult with a legal professional to understand the best course of action in such situations.