Temporary Modification of Visitation Rights in North Dakota
In North Dakota, the law allows for temporary modifications of visitation rights under certain circumstances. This includes situations where there is a significant change in circumstances that affects the child’s best interests. Illness or travel could potentially be considered such a change, depending on the specifics of the situation.
Legal Basis for Temporary 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.
This statute suggests that a temporary change in visitation could be requested due to illness or travel if these circumstances are deemed substantial and continuing, and if the modification would serve the child’s best interests.
Procedure for Requesting a Temporary Modification
To request a temporary modification of visitation rights, a motion must be filed with the court. This motion should include specific facts showing the substantial and continuing change in circumstances and how the proposed modification is in the child’s best interests.
The court will then review the motion and determine whether the criteria for a temporary modification have been met. If the court finds that they have, it will schedule a hearing on shortened notice as soon as possible, as per the context provided.
Limitations and Exceptions
It’s important to note that 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. A custody or visitation order entered before a parent was deployed remains in effect unless modified by the court (North Dakota Century Code 14-09.4-03).
Furthermore, if a nonparent seeks visitation only, the court may not order custody to the nonparent seeking visitation (North Dakota Century Code 14-09.4-13).
Conclusion
In conclusion, while the law in North Dakota does allow for temporary modifications of visitation rights due to substantial and continuing changes in circumstances, whether illness or travel would qualify as such a change would depend on the specifics of the situation. It is always advisable to consult with a legal professional to understand the potential implications and procedures involved in requesting a temporary modification of visitation rights.