Establishing Paternity and Requesting Visitation in North Dakota
In North Dakota, establishing paternity and requesting visitation rights are two separate but interconnected legal processes. This article will provide a detailed overview of these processes, referencing the relevant North Dakota Century Code and legal procedures.
Establishing Paternity
Paternity establishment is the legal process of determining the biological father of a child. In North Dakota, this process is governed by Chapter 14-20 of the North Dakota Century Code.
According to the code, a voluntary paternity establishment entity can provide the mother and the alleged father with written materials about paternity establishment, the necessary forms to voluntarily acknowledge paternity, a written and oral description of the rights, responsibilities, and legal consequences of establishing paternity, and the opportunity to speak with trained staff to clarify information and answer questions about paternity establishment (14-20-50).
Before accepting a voluntary acknowledgment of paternity, the entity must inform the mother and the alleged father, in writing, of the manner in which a relationship of father and child established under this chapter may be vacated or rescinded. Once completed, acknowledgments must be forwarded to the department (14-19-05).
If paternity is disputed, the court may order genetic testing (14-20-27). The court can order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals, or denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
Requesting Visitation Rights
Once paternity has been established, the biological father may request visitation rights. This process is governed by Chapter 14-09.4 of the North Dakota Century Code.
According to the code, a nonparent can verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent meets the requirements of a consistent caretaker of the child, or has a substantial relationship with the child and denial of custody or visitation would result in harm to the child (14-09.4-06).
The petition must state the relief sought and allege specific facts showing the duration and nature of the relationship between the nonparent and the child, including the period the nonparent lived with the child and the care provided, if any.
In conclusion, establishing paternity and requesting visitation rights in North Dakota are two separate legal processes that are interconnected. Establishing paternity is the first step, and once paternity has been established, the biological father can then request visitation rights. Both processes are governed by specific chapters of the North Dakota Century Code and involve specific legal procedures and requirements.