Divorce and Child Custody in North Dakota
Divorce proceedings in North Dakota involve various legal aspects, one of the most critical being child custody and visitation rights. The state’s laws and regulations, as outlined in the North Dakota Century Code, provide a comprehensive framework for these matters. This article will delve into the specifics of these laws, focusing on the implications of a custodial parent constantly changing the visitation schedule.
Child Custody and Visitation Rights
Custody and Visitation Orders
Under North Dakota Century Code 14-09.4-13, if a nonparent seeks custody, the court may order primary residential responsibility to the nonparent, joint custody to the nonparent and a parent or other party, or visitation to the nonparent. However, if a nonparent seeks visitation only, the court may not order custody to the nonparent seeking visitation.
Modification of Custody or Visitation Orders
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.
Implications of Constant Changes in Visitation Schedule
Persistent and Willful Denial or Interference with Parenting Time
If the custodial parent constantly changes the visitation schedule, it may be considered as persistent and willful denial or interference with parenting time. According to North Dakota Century Code 14-09.4-14(5)(a), this could be a ground for modifying the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility, provided that the court finds the modification is necessary to serve the best interests of the child.
Endangerment of Child’s Physical or Emotional Health
Constant changes in the visitation schedule by the custodial parent may also be seen as creating an environment that may endanger the child’s physical or emotional health or impair the child’s emotional development. As per North Dakota Century Code 14-09.4-14(5)(b), this could be another ground for modifying the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility.
Change in Primary Residential Responsibility
If the constant changes in the visitation schedule result in the primary residential responsibility for the child changing to the other parent for longer than six months, this could be a ground for modifying the primary residential responsibility as per North Dakota Century Code 14-09.4-14(5)(c).
Conclusion
In conclusion, if the custodial parent constantly changes the visitation schedule, it could potentially lead to a modification of the custody or visitation order. However, it’s important to note that any modification would need to be in the best interest of the child, as determined by the court. It’s recommended to consult with a legal professional to understand the potential implications and legal procedures involved in such a situation.