Interference with Parenting Time in North Dakota
In North Dakota, the law takes the issue of interference with parenting time very seriously. The North Dakota Century Code provides specific guidelines and consequences for such actions.
Legal Definition of Interference
According to the North Dakota Century Code 14-09.4-13, interference with parenting time is defined as the persistent and willful denial or interference with the other parent’s court-ordered visitation rights. This can include actions such as consistently arriving late for visitation exchanges, denying the other parent their allotted visitation time, or making decisions that infringe on the other parent’s rights without their consent.
Legal Consequences of Interference
The legal consequences for interference with parenting time can be severe. As per North Dakota Century Code 14-09.4-13, if a parent persistently and willfully denies or interferes with parenting time, it may serve as grounds for modifying the custody order.
Modification of Custody Order
The court may consider a change in primary residential responsibility if it is found that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development due to persistent and willful denial or interference with parenting time.
However, the party seeking modification of an order concerning primary residential responsibility must establish a prima facie case justifying a modification. The court will consider the motion on briefs and without oral argument or evidentiary hearing and will deny the motion unless the moving party has established a prima facie case. If a prima facie case is established, the court will set a date for an evidentiary hearing (North Dakota Century Code 14-09.4-13).
Factors Considered in Modification
When considering a modification of custody due to interference with parenting time, the court will take into account several factors. These include the nature and extent of the relationship between the child and both the parent and the nonparent, the views of the child (considering their age and maturity), any past or present conduct by a party that poses a risk to the child’s well-being, the likely impact of the requested order on the relationship between the child and the parent, and any other factor affecting the best interest of the child (North Dakota Century Code 14-09.4-12).
In conclusion, interference with parenting time is a serious issue in North Dakota, and the courts have the power to modify custody orders if it is in the best interest of the child. It is always recommended to consult with a legal professional when dealing with such matters to ensure the best possible outcome for all parties involved.