Substance Abuse and Visitation Rights in North Dakota
In North Dakota, the court’s primary concern in determining visitation rights is the best interest of the child. Substance abuse can significantly impact visitation rights as it can be seen as a risk to the child’s physical, emotional, or psychological well-being.
Substance Abuse as a Factor in Determining Visitation Rights
According to North Dakota Century Code 14-09-06.2, the court considers several factors when determining the best interest of the child for visitation purposes. One of these factors is the mental and physical health of all individuals involved. Substance abuse can negatively affect an individual’s mental and physical health, and therefore, it can be a significant factor in determining visitation rights.
The court also considers the ability of the parents to assure that the child’s needs will be met. Substance abuse can impair a parent’s ability to meet the child’s needs, which can lead to a limitation or denial of visitation rights.
Supervised Visitation Due to Substance Abuse
In cases where a parent’s substance abuse is deemed to pose a risk to the child’s safety or well-being, the court may order supervised visitation. This means that the parent can only visit the child in the presence of a third party, such as a social worker or a family member, who can ensure the child’s safety during the visit.
Substance Abuse Treatment and Visitation Rights
If a parent has a history of substance abuse, the court may consider whether the parent has sought treatment for their addiction. Successful completion of a substance abuse treatment program can be a positive factor in determining visitation rights. However, the court will also consider the parent’s ongoing commitment to sobriety and their ability to maintain a substance-free environment for the child.
Substance Abuse and Modification of Visitation Rights
If a parent’s substance abuse issue arises after the initial visitation order, the other parent can request a modification of the visitation order based on the change in circumstances. According to North Dakota Century Code 14-09-06.6, the court can modify a visitation order if it finds that a material change in circumstances has occurred and that the modification is necessary to serve the best interest of the child.
In conclusion, substance abuse can significantly impact visitation rights in North Dakota. The court will consider the nature and extent of the substance abuse, the parent’s efforts towards recovery, and the potential risk to the child’s well-being when determining visitation rights. It is essential for parents dealing with substance abuse issues to seek legal counsel to understand their rights and responsibilities under North Dakota law.