Impact of Domestic Violence on Custody Decisions in North Dakota
In North Dakota, the court takes into account several factors when determining custody decisions, one of which is the presence of domestic violence. The North Dakota Century Code provides clear guidelines on how domestic violence impacts custody decisions.
Consideration of Domestic Violence in Custody Decisions
According to North Dakota Century Code section 14-07.1-01, if the court finds that domestic violence has occurred, it must consider such domestic violence when determining whether joint decision-making responsibility is in the best interests of the child. The court is required to make orders for the allocation of parental rights and responsibilities that best protect the child, the parent, or both. If joint decision-making responsibility is granted, despite evidence of domestic violence, the court must provide written findings to support the order.
Evidence of Domestic Violence
The court must consider evidence of domestic violence when determining parental rights and responsibilities. If the court finds credible evidence that domestic violence has occurred, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon, or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, this combination creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child. This presumption may be overcome only by clear and convincing evidence that the best interests of the child require that parent have residential responsibility. The court must cite specific findings of fact to show that the residential responsibility best protects the child (North Dakota Century Code section 14-07.1-01).
Interaction and Inter-relationship of the Child
The court also considers the interaction and inter-relationship, or the potential for interaction and inter-relationship, of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child’s best interests. The court must consider that person’s history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault, on other persons.
False Allegations of Harm
The court takes into account the making of false allegations not made in good faith, by one parent against the other, of harm to a child. This is a factor that can influence the court’s decision on custody.
Custody or Visitation to a Nonparent
The court presumes that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of the law of this state or another state. This presumption can be rebutted by the nonparent by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child (North Dakota Century Code section 14-09.4-13).
Supervised Parenting Time
If the court finds that a parent has committed domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, the court shall allow only supervised parenting time with that parent unless there is a showing by clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
In conclusion, domestic violence plays a significant role in custody decisions in North Dakota. The court takes into account the safety and best interests of the child when making these decisions, and any evidence of domestic violence can significantly impact the outcome.