Can I request additional visitation for special occasions?

Visitation Rights in North Dakota

In North Dakota, visitation rights are governed by the North Dakota Century Code. The law provides a framework for determining visitation rights, including the possibility of additional visitation for special occasions. However, it is important to note that the court’s primary concern is always the best interest of the child.

Visitation Rights Under Normal Circumstances

Under North Dakota Century Code 14-09.4-03, a court may order custody or visitation to a nonparent if the nonparent proves they are a consistent caretaker or have a substantial relationship with the child, and that an order of custody or visitation to the nonparent is in the best interest of the child.

Requesting Additional Visitation for Special Occasions

The law does not explicitly mention the possibility of requesting additional visitation for special occasions. However, it does provide a framework for modifying existing visitation orders. According to North Dakota Century Code 14-09.4-14, the court may modify a final custody or visitation order on a showing by a preponderance of the evidence that a substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child, and that modification is in the best interest of the child.

This suggests that if a noncustodial parent can demonstrate that additional visitation for special occasions would be in the best interest of the child, the court may consider modifying the existing visitation order. However, this would likely require a formal motion to the court and potentially a hearing.

Interference with Visitation Rights

It’s also important to note that North Dakota Century Code 14-09-24 provides remedies for willful and persistent denial of visitation rights by the custodial parent. If the court determines there has been such denial, it may award the noncustodial parent reasonable attorney’s fees and costs, and use any remedy that is available to enforce a child support order and which is appropriate to enforce visitation.

Conclusion

In conclusion, while the North Dakota Century Code does not explicitly provide for the possibility of requesting additional visitation for special occasions, it does provide a framework for modifying existing visitation orders. Therefore, if a noncustodial parent can demonstrate that additional visitation for special occasions is in the best interest of the child, they may be able to request a modification of the existing visitation order. However, this would likely require a formal motion to the court and potentially a hearing. As always, it is recommended to consult with a legal professional to understand the best course of action in your specific situation.