Restoration of Parental Rights in North Dakota
In North Dakota, the restoration of parental rights after a criminal conviction is a complex process that is governed by specific statutes and court rules. The process is influenced by the nature of the conviction, the circumstances surrounding the case, and the best interests of the child involved.
North Dakota Century Code on Parental Rights
According to the North Dakota Century Code (N.D.C.C.) § 14-05-22, in an action for divorce, the court may give direction for parenting rights and responsibilities of the children of the marriage and may vacate or modify the same at any time. Any award or change of primary parental responsibilities must be made in accordance with the provisions of chapter 14 -09.
Impact of Criminal Convictions on Parental Rights
In North Dakota, certain criminal convictions can have a significant impact on parental rights. For instance, if a court finds that a parent has sexually abused their child, the court shall prohibit contact between the abusive parent and the child until the court finds that the abusive parent has successfully completed a treatment program designed for such sexual abusers and that supervised parenting time is in the child’s best interests (N.D.C.C. § 14-09-06.2).
Restoration of Parental Rights after a Felony Conviction
The restoration of parental rights after a felony conviction is not explicitly addressed in the North Dakota Century Code. However, the code does provide for the restoration of firearms rights for individuals with a state felony conviction (N.D.C.C. § 62.1-02-01.1). This suggests that the state recognizes the possibility of rehabilitation and the restoration of certain rights after a felony conviction.
Domestic Violence and Parental Rights
In cases involving domestic violence, the court considers evidence of such 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 (N.D.C.C. § 14-09-06.2).
Conclusion
In conclusion, the restoration of parental rights after a criminal conviction in North Dakota is a complex process that is influenced by the nature of the conviction, the circumstances surrounding the case, and the best interests of the child involved. It is always advisable to consult with a legal professional who is familiar with North Dakota family law to understand the potential implications of a criminal conviction on parental rights and the possibility of their restoration.