Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-09.4-01 Definitions
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As used in this chapter: 1. "Child" means an unemancipated individual who is under eighteen years of age. 2. "Compensation" means wages or other remuneration paid in exchange for care of a child. The term does not include reimbursement of expenses for care of the child, including…
N.D.C.C. § 14-09.4-02 Scope
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1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in which a nonparent seeks custody or visitation. 2. This chapter does not apply to a proceeding: a. Between nonparents, unless a parent is a party to the proceeding; b. Pertaining to custody of…
N.D.C.C. § 14-09.4-03 Requirements for order of custody or visitation
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1. A court may order custody or visitation to a nonparent if the nonparent proves: a. The nonparent: (1) Is a consistent caretaker; or (2) Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child; and b. An order of custo…
N.D.C.C. § 14-09.4-04 Presumption for parental decision
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1. In an initial proceeding under this chapter, a decision by a parent regarding a request for custody or visitation by a nonparent is presumed to be in the best interest of the child. 2. Subject to section 14-09.4-14, a nonparent has the burden to rebut the presumption under sub…
N.D.C.C. § 14-09.4-05 Commencement of proceeding - Jurisdiction
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A nonparent may commence a proceeding by filing a petition under section 14-09.4-06 in the court having jurisdiction to determine custody or visitation under chapter 14-14.1.
N.D.C.C. § 14-09.4-06 Verified petition
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1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent: a. Meets the requirements of a consistent caretaker of the child; or b. Has a substantial relationship with the child and denial of custody or visitat…
N.D.C.C. § 14-09.4-07 Sufficiency of petition
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1. The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent: a. Is a consistent caretaker; or b. Has a substantial relationship with the child and denial of custody or visitation would result …
N.D.C.C. § 14-09.4-08 Notice
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On commencement of a proceeding, the nonparent shall give notice to each: 1. Parent of the child who is the subject of the proceeding; 2. Person having custody of the child; 3. Individual having court-ordered visitation with the child; and 4. Attorney, guardian ad litem, or simil…
N.D.C.C. § 14-09.4-09 Appointment - Interview of child - Court services - Limitation
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In the manner and to the extent authorized by this title in a family law proceeding other than under this chapter, the court may: 1. Appoint an attorney, guardian ad litem, or similar representative for the child; 2. Interview the child; 3. Require the parties to participate in m…
N.D.C.C. § 14-09.4-10 Emergency order
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On finding that a party or a child who is the subject of a proceeding is in danger of imminent harm, the court may expedite the proceeding and issue an emergency order.
N.D.C.C. § 14-09.4-11 Best interest of child
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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 …
N.D.C.C. § 14-09.4-13 Order of custody or visitation
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1. If a nonparent seeks custody, the court may order: a. Primary residential responsibility to the nonparent; b. Joint custody to the nonparent and a parent or other party; or c. Visitation to the nonparent. 2. If a nonparent seeks visitation only, the court may not order custody…
N.D.C.C. § 14-09.4-14 Modification of custody or visitation
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1. On motion, and subject to subsections 3 and 4, the court may modify a final custody or visitation order under section 14-09.4-13 on a showing by a preponderance of the evidence that: a. A substantial and continuing change in circumstance has occurred relevant to the custody of…
N.D.C.C. § 14-09.4-15 Findings of fact and conclusions of law
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When issuing a final order of custody or visitation, the court shall make findings of fact and conclusions of law on the record in support of its decision or, if the petition is dismissed under section 14-09.4-07, state the reasons for the dismissal.
N.D.C.C. § 14-09.4-16 Effect of adoption of child by stepparent or other relative
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If a child is adopted by a stepparent or other relative of the child, an order of custody or visitation to a nonparent remains in effect and is not changed by the adoption unless modified, after notice to all parties to the custody or visitation proceeding, by the court that ente…
N.D.C.C. § 14-09.4-17 Expense of facilitating visitation
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The court may issue an order allocating responsibility between the parties for payment of the expense of facilitating visitation, including transportation expenses.
N.D.C.C. § 14-09.4-18 Law governing child support
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The authority of a court to award child support payable to or by a nonparent is governed by chapter 14-09.
N.D.C.C. § 14-09.4-19 Equitable right or remedy
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This chapter does not preclude the recognition of an equitable right or remedy for a psychological parent under law of this state other than this chapter.
N.D.C.C. § 14-09.4-20 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the notices desc…