In determining whether an order of custody or visitation to a nonparent is in the best interest of a child, the court shall consider:
1. The nature and extent of the relationship between the child and the parent; 2. The nature and extent of the relationship between the child and the nonparent; 3. The views of the child, taking into account the age and maturity of the child; 4. Past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child; 5. The likely impact of the requested order on the relationship between the child and the parent; 6. The applicable factors in section 14-09-06.2; and 7. Any other factor affecting the best interest of the child.
14-09.4-12. Presumption arising from child abuse, child neglect, domestic violence, sexual assault, or stalking. 1. The court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state. 2. A finding that the conduct specified in subsection 1 occurred must be based on: a. Evidence of a conviction in a criminal proceeding or final judgment in a civil proceeding; or b. Proof by a preponderance of the evidence. 3. A nonparent may rebut the presumption under subsection 1 by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.