Can I lose parental rights for failing to visit my child?

Parental Rights and Responsibilities in North Dakota

In North Dakota, parental rights and responsibilities are governed by the North Dakota Century Code (NDCC). The law emphasizes the importance of both parents’ involvement in their child’s life, and it outlines the circumstances under which a parent may lose their rights.

Failure to Visit a Child

According to the NDCC 14-09-22.1, a parent who willfully fails to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health, or morals, is guilty of a class C felony. This includes failing to visit the child, as regular visitation is considered part of providing necessary care and control for the child’s emotional health.

However, the law does not explicitly state that a parent can lose their parental rights solely for failing to visit their child. The termination of parental rights is a serious matter and is generally reserved for cases where the child’s safety or well-being is at risk.

Termination of Parental Rights

Under NDCC 14-15-19, the court may terminate parental rights if it finds clear and convincing evidence that the parent has abandoned the child, has substantially, continuously, or repeatedly refused or failed to give the child necessary parental care and protection, or has caused the child to be in surroundings or conditions which endanger the child’s health or morals.

In the context of failing to visit a child, if this failure is part of a broader pattern of neglect or abandonment, it could potentially contribute to a case for termination of parental rights. However, this would likely require additional evidence of harm to the child.

Child Custody and Visitation Orders

In cases of divorce or separation, the court may issue custody and visitation orders. According to NDCC 14-09.4-03, the 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.

If a parent consistently fails to comply with visitation orders, this could potentially impact future custody and visitation decisions. The court may consider a parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent when making custody decisions.

Conclusion

While failing to visit a child may not directly lead to the loss of parental rights in North Dakota, it could potentially impact custody and visitation decisions and contribute to a case for termination of parental rights if it is part of a broader pattern of neglect or abandonment. Parents are encouraged to maintain regular contact with their children and to comply with all court orders regarding custody and visitation. If a parent is having difficulty visiting their child, they should seek legal advice to understand their rights and responsibilities.