Requesting Visitation Enforcement in North Dakota
In North Dakota, the process of requesting visitation enforcement involves several legal steps. This process is governed by the North Dakota Century Code and involves filing a petition, providing necessary evidence, and potentially appearing in court.
Filing a Petition
The first step in requesting visitation enforcement is to file a petition with the court. According to North Dakota Century Code 14-09.4-06, a noncustodial parent or nonparent seeking visitation enforcement must verify a petition for custody or visitation under penalty of perjury. The petition must allege facts showing that the petitioner 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 state the relief sought and allege specific facts showing the duration and nature of the relationship between the petitioner and the child, including the period the petitioner lived with the child and the care provided, if any.
Providing Necessary Evidence
The petitioner must provide evidence to support their claim. This may include demonstrating that there has been a willful and persistent denial of visitation rights by the custodial parent. According to North Dakota Century Code 14-09-24, the court may award the noncustodial parent reasonable attorney’s fees and costs if it determines there has been such a denial.
Court Proceedings
Once the petition is filed and the necessary evidence is provided, the court will review the case. The court may use any remedy that is available to enforce a child support order and which is appropriate to enforce visitation, as per North Dakota Century Code 14-09-24.
If the court finds in favor of the petitioner, it may issue an order enforcing the visitation rights. This order can then be served on the custodial parent, requiring them to comply with the visitation schedule.
Support Enforcement Agency
In North Dakota, a support enforcement agency can provide services to a petitioner in a proceeding under this chapter, as per North Dakota Century Code 14-12.2-19. The agency can take all steps necessary to enable an appropriate tribunal of this state or another state or foreign country to obtain jurisdiction over the respondent. It can also request an appropriate tribunal to set a date, time, and place for a hearing.
Conclusion
Requesting visitation enforcement in North Dakota involves filing a petition, providing evidence, and potentially appearing in court. The process is governed by the North Dakota Century Code and may involve the services of a support enforcement agency. It is recommended to consult with a legal professional to ensure all steps are correctly followed and all necessary evidence is provided.