Title 14, Domestic Relations and Persons

1. Except as otherwise provided in section 14-14.1-15, a court of this state has jurisdiction to make an initial child custody determination only if: a. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child…

1. Except as otherwise provided in section 14-14.1-15, a court of this state which has made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14 has exclusive, continuing jurisdiction over the determination until: a. A court of this state determines that…

Except as otherwise provided in section 14-14.1-15, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision a or b of subsection 1 of secti…

1. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with …

1. Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with section 14-14.1-07 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this st…

1. Except as otherwise provided in section 14-14.1-15, a court of this state may not exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced i…

1. A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appr…

1. Except as otherwise provided in section 14-14.1-15, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: a. The parent…

1. Subject to section 14-07.1-18, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived d…

1. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the ch…

Under this chapter, a court of this state may enforce an order for the return of the child made under the Hague convention on the civil aspects of international child abduction as if it were a child custody determination.

1. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter, or the determination was made under factual circumstances meeting the jurisdictio…

1. A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: a. A visitation schedule made by a court of another state; or b. The visitation provisions of a child custody determination of another state th…

1. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the district court in this state: a. A letter or other document requesting registration; b. Two copies, inclu…

1. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. 2. A court of this state shall recognize and enforce, but may not modify, except in accordance with s…

If a proceeding for enforcement under sections 14-14.1-22 through 14-14.1-37 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under s…

1. A petition under sections 14-14.1-22 through 14-14.1-37 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the origi…

Except as otherwise provided in section 14-14.1-31, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.

1. Unless the court issues a temporary emergency order under section 14-14.1-15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the responde…

1. Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remov…

1. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during …

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdic…

An appeal may be taken from a final order in a proceeding under sections 14-14.1-22 through 14-14.1-37 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 14-14.1-24, the enforcing court may not…

1. In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the state's attorney may take any lawful action, including resort to a proceeding under sections 14-14.1-22 through 14-14.1-37 or any other available c…

At the request of a state's attorney acting under section 14-14.1-35, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a state's attorney with responsibilities under section 14-14.1-35.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the state's attorney and law enforcement officers under section 14-14.1-35 or 14-14.1-36.

As used in this chapter: 1. "Abduction" means the wrongful removal or wrongful retention of a child. 2. "Child" means an unemancipated individual who is seventeen years of age or younger. 3. "Child-custody determination" means a judgment, decree, or other order of a court providi…

Sections 14-14.1-09, 14-14.1-10, and 14-14.1-11 apply to cooperation and communications among courts in proceedings under this chapter.

1. If a court finds the evidence establishes a credible risk of abduction of the child, the court on its own motion may order abduction prevention measures in a child-custody proceeding. 2. A party to a child-custody determination or another individual or entity having a right un…

1. A petition under this chapter may be filed in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under chapter 14-14.1. 2. A court of this state has temporary emergency jurisdiction under section 14-14.1-15 if the court finds…

A petition under this chapter must be verified and include a copy of any existing child- custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 14-14.2-06. Subject to section 14-12.2-24, i…

1. In determining whether there is a credible risk of abduction of a child, the court shall consider whether the petitioner or respondent: a. Has previously abducted or attempted to abduct the child; b. Has threatened to abduct the child; c. Has recently engaged in activities tha…

1. If a petition is filed under this chapter, the court may enter an order that must include: a. The basis for the court's exercise of jurisdiction; b. The manner notice and the opportunity to be heard were given to the persons entitled to notice of the proceeding; c. A detailed …

1. If a petition under this chapter contains allegations, and the court finds there is a credible risk the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. 2. The court shall afford a respondent on…

An abduction prevention order remains in effect until the earliest of: 1. The time stated in the order; 2. The emancipation of the child; 3. The child attaining eighteen years of age; or 4. The time the order is modified, revoked, vacated, or superseded by a court with jurisdicti…

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among the jurisdictions that enact it.

This chapter modifies, limits, and supersedes the federal 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 the act or authorize electronic delivery of any of the notices described in sec…

As used in this chapter, unless the context otherwise requires: 1. "Birth parent" means the woman who gave birth to a child, any man alleged by that woman to be the biological father of that child, or any man presumed by law or judicially determined to be the biological father of…

1. A birth parent or identified adoptive parent may file with the court a petition to relinquish parental rights with respect to a minor child to the identified adoptive parent. The written consent of any birth parent to the adoption must accompany the petition. The written conse…

1. The court shall set a time and place for a hearing on the petition for relinquishment. A guardian ad litem must be appointed for the child at least seven days prior to the hearing. The hearing may not be held sooner than forty-eight hours after the child's birth or the signing…

1. Before a hearing under this chapter, the report of a child-placing agency must be filed with the court. The child-placing agency shall serve a copy of the report upon the birth parent, the identified adoptive parent, the guardian ad litem, and the department at least seven day…

Prior to a hearing under this chapter, a report of agreements and disbursements must be filed with the court and served upon the department. The report must include the following: 1. A statement of all agreements, whether oral or written, entered into between any of the parties t…

Reasonable fees may be charged for professional services and living expenses if reflected in a report of agreements and disbursements filed under this chapter and approved by the court. The fees may not be contingent upon placement of the child for adoption, consent to adoption, …

1. Within one hundred eighty days after entry of an order for relinquishment under this chapter, the identified adoptive parent shall file a petition for adoption under chapter 14-15 or the statutes of the adopting parent's state of residence. A copy of the petition to adopt must…

All files, records, and proceedings under this chapter are confidential pursuant to section 14-15-16. This confidentiality requirement is retroactive pursuant to subsection 25 of section 14-15-16.