Impact of Domestic Violence on Visitation Rights in North Dakota
In North Dakota, the court takes into account several factors when determining parental rights and responsibilities, including evidence of domestic violence. The North Dakota Century Code provides specific guidelines on how domestic violence impacts visitation rights.
Domestic Violence and Residential Responsibility
According to North Dakota Century Code 14-09.1-02(j), if the court finds credible evidence of domestic violence, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon, or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, this creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child.
This presumption can be overcome only by clear and convincing evidence that the best interests of the child require that parent have residential responsibility. The court must cite specific findings of fact to show that the residential responsibility best protects the child and the parent or other family or household member who is the victim of domestic violence.
Domestic Violence and Joint Decision-Making Responsibility
As per North Dakota Century Code 14-09.1-02(4), if the court finds that domestic violence has occurred, the court shall consider such domestic violence in determining whether joint decision-making responsibility is in the best interests of the child. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the child, the parent, or both. If joint decision-making responsibility is granted, even though there is evidence of domestic violence, the court shall provide written findings to support the order.
Supervised Parenting Time
If the court finds that a parent has perpetrated domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, the court shall allow only supervised parenting time with that parent unless there is a showing by clear and convincing evidence that unsupervised parenting time would not endanger the child’s physical or emotional health.
Nonparent Custody and Visitation
According to North Dakota Century Code 14-09.4-13, the court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state. A nonparent may rebut the presumption by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.
In conclusion, domestic violence has a significant impact on visitation rights in North Dakota. The court takes into account the safety and best interests of the child when making decisions regarding residential responsibility, joint decision-making responsibility, and visitation rights.