Legal Separation and Visitation Rights in North Dakota
In North Dakota, the process of legal separation and divorce involves several legal procedures and statutes. One of the key aspects of these procedures is the determination of visitation rights, particularly when minor children are involved.
Legal Separation in North Dakota
Legal separation in North Dakota is governed by the North Dakota Century Code. According to the code, if it appears to the court at the hearing of the application for separation that reconciliation between the parties to the marriage is improbable, the court shall revoke the separation decree and, in lieu of that decree, shall render a decree divorcing the parties. The court shall also provide for the equitable division of the property, make orders with respect to any minor children, and may provide for the payment of support to either party by the other (North Dakota Century Code 14-05-22).
Visitation Rights During Legal Separation
In North Dakota, visitation rights are typically determined during the legal separation or divorce proceedings. The court may make an order concerning parental rights and responsibilities concerning the children of the parties (North Dakota Century Code 14-05-23). This means that a parent can request visitation rights during a legal separation.
Temporary Support, Attorney’s Fees, and Parental Rights and Responsibilities
During any time in which an action for separation or divorce is pending, the court, upon application of a party, may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorney’s fees (North Dakota Century Code 14-05-23). The court may also make an order concerning parental rights and responsibilities concerning the children of the parties.
Interference with Visitation
In any proceeding in which child visitation is properly in dispute between the parents of a child, the court shall award the noncustodial parent reasonable attorney’s fees and costs if the court determines there has been willful and persistent denial of visitation rights by the custodial parent with respect to the child (North Dakota Century Code 14-09-24).
Mediation Agreement
In cases where the parties are unable to reach an agreement on visitation rights, the mediator may recommend to the court that a full hearing on the custody, support, or visitation issue be held within thirty days (North Dakota Century Code 14-09.1-08). The mediator may not make a substantive recommendation to the court concerning the contested issue of custody, support, or visitation.
In conclusion, a parent can request visitation rights during a legal separation in North Dakota. The court will consider the best interests of the child and other relevant factors in making its decision. It is advisable to consult with a legal professional to understand the specific circumstances and legal implications involved.