Determining the Best Interests of the Child in North Dakota
In North Dakota, the court determines the best interests of the child based on a variety of factors as outlined in the North Dakota Century Code. The court’s primary concern is to promote the child’s welfare and best interests, and there is no presumption favoring either the mother or father (14-09-29).
Factors Considered by the Court
The court considers several factors when determining the best interests of the child. These include:
- The nature and extent of the relationship between the child and the parent.
- The nature and extent of the relationship between the child and the nonparent.
- The views of the child, taking into account the age and maturity of the child.
- Past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child.
- The likely impact of the requested order on the relationship between the child and the parent.
- The applicable factors in section 14 -09-06.2.
- Any other factor affecting the best interest of the child (14-09.4-11).
Role of Domestic Violence in Determining Best Interests
If the court finds that a parent has perpetrated domestic violence, this significantly impacts the court’s decision. If 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, the court may limit or deny that parent’s residential responsibility (14-09-29).
Role of a Guardian ad Litem
In some cases, the court may appoint a guardian ad litem to represent the child’s best interests. The guardian ad litem is required to interview the child’s parents and siblings, observe the child and parent-child interaction, prepare a written report regarding the child’s best interests, and recommend evaluations as appropriate (14-09-29).
Emergency Orders
In situations where the court finds that a child is in danger of imminent harm, it may expedite the proceeding and issue an emergency order (14-09.4-10).
Presumption Arising from Child Abuse, Neglect, Domestic Violence, Sexual Assault, or Stalking
The court shall presume 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 perpetrated child abuse, neglect, domestic violence, sexual assault, or stalking (14-09.4-12).
In conclusion, the court’s determination of the best interests of the child in North Dakota is a complex process that takes into account a variety of factors, including the child’s relationship with the parents, the child’s views, any history of domestic violence, and the potential impact of the court’s decision on the child. The court may also appoint a guardian ad litem to represent the child’s interests and may issue emergency orders if the child is in immediate danger.