Visitation Orders and Communication Methods
In the context of family law, visitation orders are legal documents that outline the specific times and conditions under which a non-custodial parent or other nonparent party can visit with a child. These orders are typically issued during divorce proceedings or in cases where parents are not living together.
Inclusion of Phone or Video Calls
While the North Dakota Century Code does not explicitly mention the inclusion of phone or video calls in visitation orders, it is common practice in many jurisdictions to include such provisions, especially in situations where physical visitation may be challenging due to distance, health concerns, or other factors. This is often referred to as “virtual visitation.”
Virtual visitation can include phone calls, video calls, email exchanges, and other forms of electronic communication. The goal is to facilitate and maintain a meaningful relationship between the child and the non-custodial parent or nonparent party.
However, it’s important to note that the inclusion of such provisions is typically at the discretion of the court and is determined based on the best interests of the child. According to Section 14-09.4-11 of the North Dakota Century Code, the court considers several factors when determining the best interest of the child, including the nature and extent of the relationship between the child and the nonparent, the views of the child, and any other factor affecting the child’s best interest.
Modification of Visitation Orders
If a nonparent or non-custodial parent wishes to modify a visitation order to include phone or video calls, they would need to demonstrate a substantial and continuing change in circumstances relevant to the visitation with the child, and that the modification is in the best interest of the child, as per Section 14-09.4-14 of the North Dakota Century Code.
In conclusion, while the North Dakota Century Code does not explicitly state that a visitation order can include phone or video calls, it is a common practice in many jurisdictions, and such provisions can be included if deemed in the best interest of the child by the court. As always, individuals should consult with a legal professional to understand the specifics of their situation and how the law applies to them.