Legal Provisions for Nonparent Visitation in North Dakota
In North Dakota, the law provides certain provisions for nonparents to request visitation rights, even if they are not granted guardianship. This is governed by the North Dakota Century Code Chapter 14-09.4, which outlines the requirements and procedures for nonparents seeking custody or visitation rights.
Requirements for Nonparent Visitation
According to North Dakota Century Code 14-09.4-03, a court may order visitation to a nonparent if the nonparent proves:
- They are a consistent caretaker or have a substantial relationship with the child, and denial of custody or visitation would result in harm to the child.
- An order of visitation to the nonparent is in the best interest of the child.
A nonparent is considered a consistent caretaker if they lived with the child for not less than twelve months, without expectation of compensation, unless the court finds good cause to accept a shorter period.
Filing a Verified Petition
To request visitation rights, a nonparent must file a verified petition under penalty of perjury, as per North Dakota Century Code 14-09.4-06. The petition should allege facts showing that the nonparent meets the requirements of a consistent caretaker or has a substantial relationship with the child, and denial of custody or 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 nonparent and the child, including the period the nonparent lived with the child and the care provided, if any.
Notice and Appointment
Upon commencement of a proceeding, the nonparent is required to give notice to each parent of the child, person having custody of the child, individual having court-ordered visitation with the child, and any attorney, guardian ad litem, or similar representative appointed for the child, as per North Dakota Century Code 14-09.4-08.
The court may also appoint an attorney, guardian ad litem, or similar representative for the child, interview the child, and require the parties to participate in mediation or another form of alternative dispute resolution, as per North Dakota Century Code 14-09.4-09.
Limitations and Exclusions
However, there are certain limitations and exclusions to these provisions. For instance, a nonparent may not maintain a proceeding for custody or visitation solely because they served as a foster parent of the child, as per North Dakota Century Code 14-09.4-02(3). Also, an individual whose parental rights concerning a child have been terminated may not maintain a proceeding under this chapter concerning the child.
In conclusion, while nonparents can request visitation rights in North Dakota, they must meet certain requirements and follow specific procedures as outlined in the North Dakota Century Code. It is advisable to consult with a legal professional to understand these requirements and procedures fully.