Impact of Domestic Violence on Parental Rights in North Dakota
In North Dakota, the court takes into account several factors when determining parental rights and responsibilities, one of which is the presence of domestic violence. The North Dakota Century Code provides clear guidelines on how domestic violence impacts parental rights, particularly in terms of residential responsibility and decision-making responsibility for the child.
Domestic Violence and Residential Responsibility
According to the North Dakota Century Code, if the court finds credible evidence of domestic violence, it creates a rebuttable presumption against awarding residential responsibility to the parent who has perpetrated the violence (section 14 -07.1-01). This presumption can only be overcome by clear and convincing evidence that the best interests of the child require that parent to have residential responsibility.
If the court finds that domestic violence has occurred, 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 cases where the welfare of the child is at risk, residential responsibility may be awarded to a suitable third person, provided that the person would not allow access to a violent parent except as ordered by the court. The court gives priority to the child’s nearest suitable adult relative in such cases.
Domestic Violence and Decision-Making Responsibility
The court also considers evidence of domestic violence when determining whether joint decision-making responsibility is in the best interests of the child. If joint decision-making responsibility is granted, even though there is evidence of domestic violence, the court must provide written findings to support the order.
False Allegations and Parental Rights
The court also takes into account false allegations not made in good faith by one parent against the other of harm to a child. Such false allegations can impact the court’s decision on parental rights and responsibilities.
Domestic Violence and Mediation
In cases involving termination of parental rights, if a current domestic violence protection order or other order for protection between the parties exists, mediation is not required unless certain conditions are met. These conditions include the victim of domestic violence requesting mediation, the mediation being provided by a mediator trained to address the needs and safety of victims where domestic violence is at issue, and the victim being provided the opportunity for separate meetings during the mediation, among others.
In conclusion, domestic violence significantly impacts parental rights in North Dakota. The court takes into account evidence of domestic violence when determining residential and decision-making responsibilities, and it can limit or deny parental rights to protect the child’s best interests.