Child’s Right to Refuse Visitation in North Dakota
In North Dakota, the law does not explicitly grant a child the right to refuse visitation with a non-custodial parent. The primary focus of the court is to ensure the best interest of the child, which is determined by a variety of factors outlined in the North Dakota Century Code.
Factors Considered by the Court
According to Section 14-09-06.2 of the North Dakota Century Code, the court considers several factors when determining the best interest of the child. These include the nature and extent of the relationship between the child and the parent, the views of the child taking into account the age and maturity of the child, and any past or present conduct by a party that poses a risk to the child’s well-being.
While the child’s views are considered, this does not equate to the child having the right to refuse visitation. The court will weigh the child’s views against other factors to determine what is in the child’s best interest.
Age and Maturity of the Child
The age and maturity of the child are important considerations when the court is determining the weight to give to the child’s views. There is no specific age at which a child’s preference becomes decisive. Instead, the court will assess the child’s maturity and ability to express a reasoned preference.
Parental Decision Presumption
Under Section 14-09.4-04 of the North Dakota Century Code, a decision by a parent regarding a request for custody or visitation by a nonparent is presumed to be in the best interest of the child. A nonparent has the burden to rebut this presumption by clear and convincing evidence. This means that if a parent is refusing visitation on behalf of the child, the court will presume this to be in the child’s best interest unless there is evidence to the contrary.
Conclusion
In conclusion, while a child’s views are considered in custody and visitation matters in North Dakota, the child does not have an absolute right to refuse visitation with a non-custodial parent. The court will always prioritize the child’s best interest, taking into account a variety of factors including the child’s age, maturity, and the nature of the relationship with the non-custodial parent.