Modifying Visitation Rights in North Dakota
In North Dakota, the process for modifying visitation rights is governed by specific statutes and court rules. The process involves several steps, including filing a motion, providing evidence of a substantial change in circumstances, and demonstrating that the modification is in the best interest of the child.
Filing a Motion for Modification
The first step in modifying visitation rights is to file a motion with the court. According to North Dakota Century Code 14-09.4-14, a party seeking modification of a final custody or visitation order must file a motion with the court. This motion must be accompanied by supporting affidavits and notice must be given to the other party involved in the proceeding. The other party has the right to serve and file a response and opposing affidavits.
Showing a Substantial Change in Circumstances
The court will only consider modifying a final custody or visitation order if there is 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. This is stipulated in North Dakota Century Code 14-09.4-14(1)(a).
Demonstrating the Best Interest of the Child
In addition to showing a substantial change in circumstances, the party seeking modification must also demonstrate that the modification is in the best interest of the child. This is in accordance with North Dakota Century Code 14-09.4-14(1)(b).
Court Consideration and Evidentiary Hearing
Once the motion for modification has been filed and the necessary evidence provided, the court will consider the motion on briefs and without oral argument or evidentiary hearing. The court will deny the motion unless it finds that the moving party has established a prima facie case justifying a modification. If a prima facie case is established, the court will set a date for an evidentiary hearing. This process is outlined in North Dakota Century Code 14-09.4-14(4).
Modification of Agreement
In some cases, the parents of a child may mutually agree to modify an agreement regarding custodial responsibility. This is provided for under North Dakota Century Code 14-09.3-08. If an agreement is modified before the deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. If an agreement is modified during the deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Mediation Process
In certain cases, the court may refer the parties to mediation. According to North Dakota Court Rule 8.3.1, new cases involving a dispute or unresolved issue regarding parental rights and responsibilities, relocation of a child, or grandparent visitation, including an original proceeding for a divorce, separation, or paternity in which the issue may appear, will be referred to the program administrator within 10 days of filing.
In conclusion, the process for modifying visitation rights in North Dakota involves filing a motion, providing evidence of a substantial change in circumstances, demonstrating that the modification is in the best interest of the child, and potentially participating in a mediation process. The court will consider the motion and, if a prima facie case is established, will set a date for an evidentiary hearing.