Grandparents’ Rights to Visitation in North Dakota
In North Dakota, grandparents can indeed request visitation rights. This is governed by the North Dakota Century Code (N.D.C.C.), specifically under Chapter 14-09.4 which deals with nonparental rights to custody and visitation.
Legal Requirements for Grandparents’ Visitation
According to N.D.C.C. § 14-09.4-06, a nonparent, which includes grandparents, can file a verified petition for custody or visitation. The petition must be verified under penalty of perjury and allege facts showing that the nonparent:
- Is 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.
The petition must also state the relief sought and allege specific facts showing the nature and duration of the relationship between the nonparent and the child, any agreement between the parties regarding care of the child, and the reason the requested custody or visitation is in the best interest of the child, among other things.
Court Considerations for Granting Visitation
Under N.D.C.C. § 14-09.4-03, the court may order visitation to a nonparent if the nonparent proves that they are a consistent caretaker or have a substantial relationship with the child and denial of custody or visitation would result in harm to the child. The nonparent must also prove that an order of custody or visitation to the nonparent is in the best interest of the child.
The court will determine based on the petition whether the nonparent has pleaded a prima facie case that they meet these requirements (N.D.C.C. § 14-09.4-07). If the court determines that the nonparent has not pleaded a prima facie case, the court shall dismiss the petition.
Limitations and Exceptions
However, there are limitations and exceptions to these rights. According to N.D.C.C. § 14-09.4-12, the court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state. A nonparent may rebut this presumption by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.
Furthermore, relief under this chapter is not available during the period of a custody or visitation order entered under chapter 14 -09.3 or other order dealing with custody of or visitation with a child of a deployed parent (N.D.C.C. § 14-09.4-06(5)).
Mediation Process
In some cases, the court may refer the parties to mediation. According to the provided context, within 10 days of filing, new cases involving disputes or unresolved issues regarding parental rights and responsibilities, relocation of a child, or grandparent visitation, including an original proceeding for a divorce, separation, or paternity in which the issue may appear, will be referred by the district court clerk to the program administrator for mediation.
In conclusion, grandparents in North Dakota can request visitation rights, but they must meet certain legal requirements and overcome certain presumptions to be granted these rights. The court will always consider the best interest of the child in making its decision.