Parenting Plan Approval Process in North Dakota
In North Dakota, the process of approving a parenting plan is governed by the North Dakota Century Code and the rules of the court. The process involves the development of a parenting plan by the parents, filing it with the court, and the court’s review and approval based on the best interests of the child.
Development and Filing of the Parenting Plan
According to North Dakota Century Code 14-09-30, in any proceeding to establish or modify a judgment providing for parenting time with a child, the parents are required to develop and file a parenting plan with the court. This plan is to be included in the court’s decree. The parenting plan must include, at a minimum, provisions regarding decision-making responsibility, information sharing and access, legal residence of a child for school attendance, residential responsibility, parenting time and schedule, transportation and exchange of the child, procedure for review and adjustment of the plan, and methods for resolving disputes. If a provision is not included, an explanation must be provided.
Court Review and Approval
If the parents are unable to agree on a parenting plan, the court shall issue a parenting plan considering the best interests of the child. The court’s decision is guided by the principle of the child’s best interests, which is a standard that derives from case law and statute in North Dakota. The court will consider factors such as the child’s age, health, and emotional ties to the parents and others, the parents’ ability to provide for the child’s needs, and the mental and physical health of all individuals involved.
Role of Parenting Coordinator
In some cases, a parenting coordinator may be appointed to assist the parties in implementing the parenting plan or resolving other parenting issues that may be impacting the parenting plan. The parenting coordinator’s role is outlined in North Dakota Century Code 14-09.2-04. The parenting coordinator shall meet with the parties together, make a decision, and after the final meeting or conference with the parties, put the agreement or decision in writing and provide a copy to the parties. This agreement or decision is binding on the parties until further order of the court.
Fees and Costs
Before the appointment of the parenting coordinator, the court shall give the parties notice that the fees of the parenting coordinator will be apportioned between the parties. In its order appointing the parenting coordinator, the court shall apportion the fees of the parenting coordinator between the parties, with each party bearing the portion of the fees that the court determines is just and equitable under the circumstances (North Dakota Century Code 14-09.2-05).
Parent’s Right to Counsel
In accordance with Rule 8.12, a parent has a right to counsel during all stages of a proceeding to terminate that parent’s parental rights. If indigent, the parent has a right to have legal counsel provided at public expense. The notice of hearing or summons must advise the parent of these rights and the court must confirm that the notice was given.
In conclusion, the approval of a parenting plan in North Dakota involves the development and filing of the plan by the parents, review and approval by the court based on the child’s best interests, potential involvement of a parenting coordinator, and the right of the parents to legal counsel.