Parental Rights and Visitation in North Dakota
In North Dakota, the termination of parental rights is a serious legal matter that can have significant implications for both the parent and the child involved. This article will explore the legal aspects of parental rights termination and its impact on visitation rights in North Dakota, referencing the relevant North Dakota Century Code and court rules.
Termination of Parental Rights
Under North Dakota law, the termination of parental rights can occur under various circumstances, such as in cases of child abuse, neglect, abandonment, or when a parent is deemed unfit. The termination process is governed by North Dakota Century Code 14-15-19. This statute stipulates that an individual whose parental rights concerning a child have been terminated may not maintain a proceeding under this chapter concerning the child.
Impact on Visitation Rights
The termination of parental rights effectively ends the legal relationship between the parent and the child. This means that the parent loses all rights and responsibilities concerning the child, including the right to visitation. Therefore, if a parent’s rights are terminated in North Dakota, they generally cannot have visitation with the child.
However, there are exceptions to this rule. For instance, if the child is not placed for adoption and the person having custody of the child consents in writing, the parent may withdraw the relinquishment of parental rights, and the court may vacate the decree terminating the parent-child relationship (North Dakota Century Code 14-15-19, subsection 8).
Right to Legal Counsel
In proceedings to terminate parental rights, the parent has the right to legal counsel. This right is outlined in North Dakota Century Code 14-15-19.1 and Rule 8.12 of the North Dakota Rules of Court. If the parent is indigent, they have the right to have legal counsel provided at public expense. The court must confirm that the parent has been advised of these rights.
Temporary Grant of Custodial Responsibility
In certain situations, such as when a parent is deployed for military service, the court may issue a temporary order granting custodial responsibility to another party. This is governed by North Dakota Century Code sections 14-09.3-07 through 14-09.3-21.
Upon the return of the deploying parent, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interests of the child. This contact may exceed the time the deploying parent spent with the child before deployment.
The temporary order for custodial responsibility terminates sixty days after the deploying parent gives notice to the other parent (North Dakota Century Code 14-09.3-25). The deploying parent and the other parent may also file an agreement with the court to terminate the temporary order at any time after the deploying parent returns from deployment (North Dakota Century Code 14-09.3-23).
In conclusion, while the termination of parental rights in North Dakota generally results in the loss of visitation rights, there are exceptions and specific circumstances that may allow for continued contact with the child. It is crucial for parents facing the termination of their rights to seek legal counsel to understand their rights and options fully.