Supervised Visitation and Addiction History in North Dakota
In North Dakota, the court’s primary concern in determining custody and visitation rights is the best interest of the child. This principle is enshrined in the North Dakota Century Code (NDCC) §14-09-06.2. If a parent has a history of addiction, the court may consider this factor when determining the nature of visitation rights, including whether supervised visitation is necessary.
Addiction as a Factor in Determining Visitation Rights
Under NDCC §14-09-06.2, the court considers several factors when determining the best interest of the child. One of these factors is the “mental and physical health of all individuals involved.” If a parent has a history of addiction, this could potentially impact their mental and physical health, and thus, the court may consider it when determining visitation rights.
However, it’s important to note that a history of addiction does not automatically result in supervised visitation. The court will consider the current state of the parent’s health, the nature of their addiction, their recovery progress, and whether the addiction has directly impacted the child’s wellbeing.
Supervised Visitation
Supervised visitation, as per NDCC §14-09-06.6, is a form of visitation where the noncustodial parent is allowed to visit the child only in the presence of another adult or a professional agency. This is typically ordered when the court has concerns about the child’s safety or wellbeing during unsupervised visits with the noncustodial parent.
In the context of a parent with a history of addiction, the court may order supervised visitation if it believes that unsupervised visitation could potentially endanger the child’s physical or emotional health. This could be due to concerns about potential relapse, the parent’s ability to care for the child, or the impact of the parent’s addiction on the child’s wellbeing.
Overcoming the Presumption of Supervised Visitation
If a parent with a history of addiction wishes to have unsupervised visitation, they must provide clear and convincing evidence that unsupervised visitation would not endanger the child’s physical or emotional health. This is stated in the provided context document, although the specific statute is not mentioned.
Evidence could include proof of successful completion of a substance abuse treatment program, ongoing participation in recovery groups, negative drug tests, or testimony from professionals attesting to the parent’s recovery and ability to care for the child.
Conclusion
In conclusion, while a history of addiction can influence the court’s decision on visitation rights in North Dakota, it does not automatically result in supervised visitation. The court will consider a variety of factors, including the parent’s current state of health and recovery, to determine what is in the best interest of the child. If a parent can provide clear and convincing evidence that unsupervised visitation would not endanger the child’s health, the court may grant unsupervised visitation rights.