Non-Custodial Parent’s Right to Request More Visitation Time
In North Dakota, a non-custodial parent has the right to request more visitation time with their child. This is governed by the North Dakota Century Code (NDCC) under the provisions of Chapter 14-09.4. The process involves a legal procedure that requires the parent to prove that the increased visitation time is in the best interest of the child.
Legal Basis for Requesting More Visitation Time
According to NDCC 14-09.4-14, a non-custodial parent can request a modification of the visitation order. The court may modify a final custody or visitation order under section 14 -09.4-13 on a showing by a preponderance of the evidence that:
- A substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child; and
- Modification is in the best interest of the child.
This means that the non-custodial parent must demonstrate that there has been a significant change in circumstances since the last order was issued, and that the proposed modification would serve the child’s best interests.
Factors Considered by the Court
The court will consider several factors when deciding whether to grant a non-custodial parent’s request for more visitation time. These factors are outlined in NDCC 14-09.4-11 and include:
- The content of any agreement between the parties to the proceeding regarding care of the child and custody of or visitation or other contact with the child;
- A description of any previous attempt by the nonparent to obtain custody of or visitation or other contact with the child;
- The extent to which the parent is willing to permit the nonparent to have custody of or visitation or other contact with the child;
- Information about compensation or expectation of compensation provided to the nonparent in exchange for care of the child;
- Information required to establish the jurisdiction of the court under chapter 14-14.1;
- The reason the requested custody or visitation is in the best interest of the child, applying the factors in section 14 -09.4-11; and
- If the nonparent alleges a substantial relationship with the child, the reason denial of custody or visitation to the nonparent would result in harm to the child.
Presumption for Parental Decision
Under NDCC 14-09.4-04, in an initial proceeding under this chapter, 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. However, a nonparent has the burden to rebut the presumption under subsection 1 by clear and convincing evidence of the facts required by subsection 1 of section 14 -09.4-03. Proof of unfitness of a parent is not required to rebut the presumption under subsection 1.
Commencement of Proceeding
A nonparent may commence a proceeding by filing a petition under section 14 -09.4-06 in the court having jurisdiction to determine custody or visitation under chapter 14 -14.1. The petition must be verified 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 (NDCC 14-09.4-06).
In conclusion, a non-custodial parent in North Dakota can request more visitation time, but they must follow the legal procedures outlined in the North Dakota Century Code and demonstrate that the modification is in the best interest of the child.