Title 14 — Domestic Relations and Persons

1. The parents of a child may enter into a temporary agreement under sections 14-09.3-07 through 14-09.3-10 granting custodial responsibility during deployment. 2. An agreement under subsection 1 must be: a. In writing; and b. Signed by both parents and any nonparent to whom cust…

1. An agreement under sections 14-09.3-07 through 14-09.3-10 is temporary and terminates pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification…

1. By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 14-09.3-07 through 14-09.3-10. 2. If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in …

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently i…

An agreement or power of attorney under sections 14-09.3-07 through 14-09.3-10 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement o…

In sections 14-09.3-11 through 14-09.3-21, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.

1. After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the federal Servicemembers Civil Relief Act [50 U.S.C. appendix sections 521 and 522]. A court…

If a motion to grant custodial responsibility is filed under subsection 2 of section 14-09.3-12 before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under sections 14-09.3-11 through 14-09.3-21, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

In a proceeding for a grant of custodial responsibility pursuant to sections 14-09.3-11 through 14-09.3-21, the following rules apply: 1. A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet t…

1. On motion of a deploying parent and in accordance with the laws of this state other than this chapter, if it is in the best interests of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child …

On motion of a deploying parent, and in accordance with the laws of this state other than this chapter, unless the court finds that the contact would be contrary to the best interests of the child, a court shall grant limited contact to a nonparent who is a family member of the c…

1. A grant of authority under sections 14-09.3-11 through 14-09.3-21 is temporary and terminates under sections 14-09.3-22 through 14-09.3-25 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant …

1. An order granting custodial responsibility under sections 14-09.3-11 through 14-09.3-21 must: a. Designate the order as temporary; and b. Identify to the extent feasible, the destination, duration, and conditions of the deployment. 2. If applicable, an order for custodial resp…

If a court has issued an order granting caretaking authority under sections 14-09.3-11 through 14-09.3-21, or an agreement granting caretaking authority has been executed under sections 14-09.3-07 through 14-09.3-10, the court may enter a temporary order for child support consist…

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…

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…

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…

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…

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.

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…

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 …

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…

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…

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.

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 …

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…

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…

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.

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…

The court may issue an order allocating responsibility between the parties for payment of the expense of facilitating visitation, including transportation expenses.

The authority of a court to award child support payable to or by a nonparent is governed by chapter 14-09.

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.

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…

In this chapter, unless the context or subject matter otherwise requires: 1. "Bank" means any association, firm, or corporation engaged in the business of banking, including a national banking association, savings bank, industrial bank, or trust company. 2. "Broker" means a perso…

A bank, broker, issuer, third party, or transfer agent incurs no liability by reason of treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give conse…

A minor, who has transferred a security; received or empowered others to receive dividends, interest, principal, or other payments or distributions; voted or given consent in person or by proxy; or made an election or exercised rights relating to the security, has no right therea…

This chapter must be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it. This chapter may be cited as the Uniform Securities Ownership by Minors Act.

As used in this chapter: 1. "Educational institution" means a university, college, community college, junior college, high school, technical, career and technical education or professional school, or similar institution, wherever located, approved or accredited by the appropriate…

Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by the minor from any person is enforceable as if the minor was an adult at the time of execution, but only if prior to the making of the educational loan an edu…

This chapter must be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.

This chapter may be cited as the Uniform Minor Student Capacity to Borrow Act.

1. The district court is the tribunal of this state. 2. The department of health and human services is the support enforcement agency of this state.

1. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity. 2. This chapter does not: a. Provide the exclusive method of establishing or enforcing a support order …

1. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: a. The individual is personally served with a…

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.

1. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or foreign country only if: a. The petition or comparable pleading in this state is…

1. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: a. At the time of the filing of a request…

1. A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: a. The order if the order is the controlling order and has not been modified by a tribuna…