Visitation Rights and Child Illness
In the context of North Dakota law, the issue of denying visitation rights due to a child’s illness is not explicitly addressed in the North Dakota Century Code. However, the overarching principle guiding decisions related to child custody and visitation is the best interest of the child. This principle is outlined in section 14-09.4-11 of the North Dakota Century Code.
Best Interest of the Child
According to section 14-09.4-11, in determining whether an order of custody or visitation to a nonparent is in the best interest of a child, the court shall consider several factors. These include the nature and extent of the relationship between the child and the nonparent, the views of the child, taking into account the age and maturity of the child, and any past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child.
While the statute does not explicitly mention the child’s health or illness as a factor, it can be inferred that the child’s physical well-being is a significant consideration. Therefore, if a child’s illness is severe enough that visitation could potentially harm the child’s health, it is possible that a court could decide to temporarily modify or suspend visitation rights.
Modification of Visitation Orders
In cases where the child’s health may be at risk due to visitation, it is crucial to note that any changes to visitation orders should be made through the court. Unilaterally denying visitation rights without a court order could potentially lead to legal consequences. According to section 14-09-24 of the North Dakota Century Code, the court may 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.
Emergency Orders
In situations where a child’s health is in immediate danger, section 14-09.4-10 of the North Dakota Century Code allows the court to expedite proceedings and issue an emergency order. This could potentially be used in cases where a child’s illness is severe, and immediate changes to visitation are necessary to protect the child’s health.
In conclusion, while the North Dakota Century Code does not explicitly address the issue of denying visitation due to a child’s illness, the best interest of the child, including their physical well-being, is a guiding principle in decisions related to custody and visitation. Therefore, it is possible that visitation could be denied or modified if a child’s illness is severe enough to warrant such action. However, any changes to visitation orders should be made through the court to avoid potential legal consequences.