Supervised Visitation in North Dakota
Supervised visitation is a term used in family law to describe a type of visitation where a third party is present during the interaction between a parent and their child. This arrangement is typically ordered by a court to ensure the child’s safety while maintaining a relationship with the parent. In North Dakota, the concept of supervised visitation is embedded within the state’s legal framework for child custody and visitation rights.
Legal Basis for Supervised Visitation
The legal basis for supervised visitation in North Dakota is found in the North Dakota Century Code. Specifically, section 14-09.4-13 of the code provides that if a parent has committed certain acts, such as domestic violence or sexual assault, the court may only allow supervised parenting time with that parent. This is unless there is a showing by clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
Conditions for Supervised Visitation
The conditions under which supervised visitation may be ordered are outlined in the North Dakota Century Code. According to section 14-09.4-13, if a parent has committed an act of domestic violence that resulted in serious bodily injury, used a dangerous weapon, or if 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. This is unless there is a showing by clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
Supervised Visitation and Nonparent Custody
In North Dakota, the law also addresses the issue of nonparent custody and visitation. According to section 14-09.4-03 of the North Dakota Century Code, a 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. However, section 14-09.4-12 of the code establishes a presumption against ordering custody or visitation to a nonparent if the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct.
Enforcement of Supervised Visitation
In North Dakota, the enforcement of supervised visitation is addressed in section 14-09-24 of the North Dakota Century Code. The court may award the noncustodial parent reasonable attorney’s fees and costs if the court determines there has been willful and persistent denial of visitation rights by the custodial parent. The court may use any remedy that is available to enforce a child support order and which is appropriate to enforce visitation.
In conclusion, supervised visitation in North Dakota is a legal measure designed to protect the welfare of a child while maintaining their relationship with a parent. The conditions under which it may be ordered, and its enforcement, are clearly outlined in the state’s legal code.