Visitation Plans in North Dakota: Holidays and Vacations
In North Dakota, the specifics of how holidays and vacations are handled in a visitation plan are typically determined by the court, taking into account the best interests of the child. The North Dakota Century Code provides a comprehensive framework for custody and visitation arrangements, including provisions for nonparent visitation rights.
Determining Visitation Plans
Under North Dakota Century Code 14-09.4-03, a court may order custody or visitation to a nonparent if the nonparent proves they are a consistent caretaker or have a substantial relationship with the child, and that an order of custody or visitation to the nonparent is in the best interest of the child. The court may also consider factors such as the willingness of the parent to permit the nonparent to have custody or visitation, and any compensation provided to the nonparent in exchange for care of the child.
Holidays and Vacations in Visitation Plans
While the North Dakota Century Code does not explicitly detail how holidays and vacations are handled in a visitation plan, it is common practice for the court to consider these factors when determining the specifics of a visitation plan. The court may allocate specific holidays to each parent or nonparent, and may also consider the child’s school schedule when determining vacation periods.
Modification of Custody or Visitation
According to North Dakota Century Code 14-09.4-14, the 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 that modification is in the best interest of the child. This could potentially include changes to holiday and vacation arrangements.
Notice and Appointment
Per North Dakota Century Code 14-09.4-08 and 14-09.4-09, on commencement of a proceeding, the nonparent must give notice to each parent of the child, person having custody of the child, individual having court-ordered visitation with the child, and any appointed representative for the child. The court may also appoint an attorney, guardian ad litem, or similar representative for the child, and may require the parties to participate in mediation or another form of alternative dispute resolution.
Effect of Adoption and Expenses
Under North Dakota Century Code 14-09.4-16, if a child is adopted by a stepparent or other relative of the child, an order of custody or visitation to a nonparent remains in effect and is not changed by the adoption unless modified by the court. The court may also issue an order allocating responsibility between the parties for payment of the expense of facilitating visitation, including transportation expenses, as per North Dakota Century Code 14-09.4-17.
In conclusion, while the North Dakota Century Code does not provide explicit guidelines for handling holidays and vacations in a visitation plan, these factors are typically considered by the court when determining the specifics of a visitation plan. Any changes to these arrangements would likely require a modification of the custody or visitation order by the court.