Modification of Visitation Rights
In North Dakota, the modification of visitation rights is governed by the North Dakota Century Code. Specifically, sections 14-09.4-13 and 14-09.4-14 provide the legal framework for changing custody or visitation orders.
Circumstances for Modification
According to section 14-09.4-14 of the North Dakota Century Code, a court may modify a final custody or visitation order if a preponderance of the evidence shows 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.
In the context of one parent moving far away, this could be considered a “substantial and continuing change in circumstance.” However, the court will also need to determine whether modifying the visitation order is in the best interest of the child.
Procedure for Modification
The procedure for modifying visitation rights is outlined in section 14-09.4-14(4) of the North Dakota Century Code. The party seeking modification must serve and file moving papers and supporting affidavits, and give notice to the other party. The court will consider the motion on briefs and without oral argument or evidentiary hearing, and will deny the motion unless the moving party has established a prima facie case justifying a modification. If a prima facie case is established, the court will set a date for an evidentiary hearing.
Considerations for Modification
When considering a modification of visitation rights, the court will take into account several factors. These may include the distance of the move, the reason for the move, the impact of the move on the child’s well-being, and the ability of the parents to facilitate visitation after the move. The court’s primary concern is always the best interest of the child.
Impact of Parental Relocation on Visitation
According to section 14-09-07 of the North Dakota Century Code, a parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.
If the parent with primary residential responsibility moves to another state and is more than fifty miles from the residence of the other parent, a court order is not required if the other parent has not exercised parenting time for a period of one year.
In the case of a parent moving far away, the court may consider modifying visitation rights to ensure that the non-moving parent still has meaningful access to the child. This could involve adjusting the visitation schedule or making other arrangements to facilitate visitation.
Conclusion
In conclusion, visitation can be changed if one parent moves far away, but the process involves a legal procedure and the court’s determination that the change is in the best interest of the child. As always, it is recommended to consult with a legal professional to understand the specific implications of a move on visitation rights.