Modification of Visitation Rights in North Dakota
In North Dakota, the law allows for the modification of visitation rights under certain circumstances. This includes changes in work schedules, which may affect the ability of a parent to adhere to the previously agreed upon visitation schedule.
Legal Grounds for Modification
According to North Dakota Century Code 14-09.4-14, a court may modify a final custody or visitation order 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.
A change in work schedule could potentially be considered a “substantial and continuing change in circumstance” if it significantly impacts the parent’s ability to adhere to the current visitation schedule. However, the court will also consider whether the proposed modification is in the best interest of the child.
Procedure for Requesting Modification
A party seeking modification of an order concerning visitation rights must serve and file moving papers and supporting affidavits, and give notice to the other party to the proceeding who may serve and file a response and opposing affidavits (North Dakota Century Code 14-09.4-14). The court will consider the motion on briefs and without oral argument or evidentiary hearing, and will deny the motion unless the court finds the moving party has established a prima facie case justifying a modification.
Considerations for Modification
The court will not modify the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility unless the court finds the modification is necessary to serve the best interests of the child and certain conditions are met (North Dakota Century Code 14-09.4-14). These conditions include persistent and willful denial or interference with parenting time, endangerment to the child’s physical or emotional health, or a change in primary residential responsibility for longer than six months.
Modification of Agreement
Parents may also mutually agree to modify an agreement regarding custodial responsibility made pursuant to sections 14-09.3-07 through 14-09.3-10 (North Dakota Century Code 14-09.3-08). If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
In conclusion, a change in work schedule can potentially serve as grounds for modifying visitation rights in North Dakota. However, the court will ultimately consider the best interests of the child in deciding whether to grant the modification. It is advisable to consult with a legal professional to understand the potential implications and process involved in seeking such a modification.