Visitation in Joint Custody Cases in North Dakota
In North Dakota, visitation rights are often a significant concern for parents who are going through a divorce. The state’s laws and court procedures aim to ensure that the best interests of the child are always prioritized. This article will explore how visitation is handled for parents with joint custody in North Dakota, referencing the relevant North Dakota Century Code and court rules.
Understanding Joint Custody
Joint custody, as defined by North Dakota law, means that both parents share the responsibility and control of their child’s upbringing. This arrangement can include both joint legal custody, where both parents have equal say in making significant decisions about the child’s life, and joint physical custody, where the child spends substantial time living with each parent.
Visitation Rights in Joint Custody
In a joint custody arrangement, both parents have the right to spend time with their child. The specifics of this arrangement, including the amount of time each parent spends with the child, are typically outlined in a parenting plan. This plan is often developed by the parents themselves, but if they cannot agree, the court will establish a plan that it deems to be in the best interest of the child.
According to North Dakota Century Code 14-09.4-13, if a nonparent seeks visitation only, the court may not order custody to the nonparent seeking visitation. This implies that visitation rights are primarily granted to parents, and in the case of joint custody, both parents would typically have the right to spend time with their child.
Modification of Custody or Visitation
As per 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 means that if circumstances change significantly after the initial custody and visitation order, either parent can request a modification.
Case Management in Parental Rights Determination
According to Rule 8.3.1 of the North Dakota Rules of Court, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet to prepare a joint informational statement. This rule ensures that both parents have a clear understanding of their rights and responsibilities, including visitation rights, in a joint custody arrangement.
Conclusion
In North Dakota, visitation in joint custody cases is handled with the child’s best interests in mind. Both parents typically have the right to spend time with their child, and the specifics of this arrangement are outlined in a parenting plan. If circumstances change, either parent can request a modification of the custody or visitation order. As always, it is recommended to consult with a legal professional to understand the specifics of your situation.