Divorce and Parenting Time in North Dakota
Divorce proceedings in North Dakota involve various legal aspects, including property division, alimony, child custody, and parenting time. This article focuses on the legal implications of parenting time, particularly when one parent refuses to cooperate with the visitation schedule.
Parenting Time and Visitation Rights
In North Dakota, both parents are generally entitled to reasonable parenting time unless it is shown to be against the child’s best interests (North Dakota Century Code § 14-05-22). The court typically establishes a visitation schedule that outlines the specific times the noncustodial parent can spend with the child. However, issues may arise when one parent refuses to cooperate with this schedule.
Persistent and Willful Denial of Parenting Time
According to North Dakota Century Code § 14-09-06.6, the persistent and willful denial or interference with parenting time is a factor that the court may consider when deciding to modify an order concerning primary residential responsibility. If a parent consistently refuses to adhere to the visitation schedule, it may lead to legal consequences, including a potential change in custody arrangements.
Legal Procedures for Non-Cooperation
A party seeking modification of an order concerning primary residential responsibility due to persistent and willful denial of parenting time must serve and file moving papers and supporting affidavits, and give notice to the other party. 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 justifying a modification (North Dakota Century Code § 14-09-06.6(4)).
Consequences of Non-Cooperation
If the court finds that the moving party has established a prima facie case, it will set a date for an evidentiary hearing. If the court determines that the non-cooperating parent has persistently and willfully denied or interfered with parenting time, it may modify the primary residential responsibility order, potentially granting more custody or visitation rights to the aggrieved parent.
Parenting Coordinator’s Role
In some cases, a parenting coordinator may be appointed to facilitate an agreement to resolve the dispute. The parenting coordinator will meet with the parties and make a diligent effort to facilitate an agreement. If the parties do not reach an agreement, the parenting coordinator will make a decision resolving the dispute and provide a copy to the parties.
Conclusion
In conclusion, refusal to cooperate with the visitation schedule in North Dakota can have serious legal implications. It is essential for parents to understand their rights and responsibilities under the law and to seek legal counsel if they encounter persistent issues with parenting time. The court’s primary concern is always the best interest of the child, and any actions that may harm the child’s physical or emotional health or impair the child’s emotional development will be taken seriously.