According to North Dakota law, parents are encouraged to resolve custody disputes out of court. If the parties are unable to reach an agreement, the courts decide who gets custody based on what is best for the child.
Child Custody Decisions in North Dakota
- What Is a Parenting Plan?
- What Factors Does the Court Consider When Deciding on Custody?
- How Can I Obtain Visitation and Custody Rights for My Child?
- What Is the “Child’s Best Interests” Standard?
- What Are Visitation Rights?
- What Takes Place After a Court Decision?
- Should I Speak with a North Dakota Attorney About My Child Custody Issues?
What Is a Parenting Plan?
A parenting plan is a thorough, written agreement that specifies how divorcing parents will divide custody of their children, both legally and physically. A parenting schedule is one of the particular components that must be included in a parenting plan in North Dakota. Before involving the court, parents are urged to create a voluntary parenting schedule.
If they cannot agree, mediation (a technique for resolving disputes) may be mandated. To assist in creating a voluntary plan, a parenting coordinator may also be appointed. The court will decide custody if the parents are still unable to agree.
What Factors Does the Court Consider When Deciding on Custody?
In establishing what is in a child’s best interest, North Dakota courts weigh a number of different considerations. The parent-child relationship’s depth and quality and the parent’s capacity to give enough shelter, food, medical care, and a secure environment are some of these aspects.
Other considerations include the following:
- The parent’s and child’s mental and physical well-being
- The consistency of the child’s home environment
- The child’s community, school, and home connections
- The parent’s moral character
- The child’s reasonable preference (if age appropriate),
- Proof of child or spousal abuse and any other relevant factors
The gender of a parent is not taken into account. A guardian ad litem or parenting investigator may be appointed in a custody dispute to speak up for the child and determine what is in their best interests.
How Can I Obtain Visitation and Custody Rights for My Child?
Couples with children must make numerous crucial decisions throughout a divorce or separation process, including who will get custody of the kids, what kind of custody rights each parent will keep, and, depending on the circumstances, the visitation schedule for the kids.
Child custody generally refers to the legal rights and obligations that a parent has for the care, management, and raising of a child. The various arrangements for dividing custody rights are covered in more depth below.
Contrarily, child visitation refers to the legal privileges granted to a non-custodial parent. In other words, a parent will typically be given visitation rights if they are not allowed any form of actual custody over their child.
There are two primary methods that a party to a divorce or separation proceeding might start the process, regardless of whether you are requesting custodial or visitation rights over a child:
- By agreement between parents: By agreement is the first and preferred way. Without the assistance of attorneys or the court, the parents should discuss the terms of child custody and visitation if they are both prepared to work together. They can negotiate a deal on their terms in this fashion. If this is feasible, the parents should create a written custody agreement that outlines the terms of custody as well as a basic visitation schedule.
- By judicial order: A court will have to step in and make decisions regarding the arrangements if the parents are unable to agree on their own or if one or both of the parties’ actions are endangering the child’s welfare. The parents will normally be given a chance to submit their case at a hearing when the court is tasked with making such a decision.
The ultimate child custody arrangement and/or visitation schedule must be approved by the court, regardless of the approach chosen. This is one last point to make regarding the aforementioned possibilities. The main difference is that if the parties can agree on their own, they will have more power over timetables and arrangements.
What Is the “Child’s Best Interests” Standard?
The child’s best interest standard will typically be used by the court when making judgments involving children in family law proceedings. When deciding on child custody or visitation arrangements, this standard will be used, and it will take precedence over the majority of state child custody rules. However, each state will have different criteria that the court will take into account while applying the standard.
The child’s best interest criterion basically serves as a mechanism for the law to make sure that a vulnerable group of people—children—are given the highest level of safeguards. Therefore, in accordance with this requirement, a person assuming custody of a kid must be able to maintain a stable home environment and protect the child’s safety and well-being.
The court will take into account a number of elements, including the parent’s capacity to care for the child, their relationship with the child, and which home would be best suited for the child’s adjustment or needs, in order to decide whether a parent meets the requirements for custody under this standard.
What Are Visitation Rights?
A parent may also be granted visitation rights as an alternative to child custody or in addition to custodial rights, depending on the circumstances of a case. The parameters of visitation will be spelled out in a legal agreement called a “visitation schedule,” just like the custody arrangements.
An agreement will often include the following:
- A detailed timetable.
- The child’s principal residence.
- Approved activities.
- Directions for changing the arrangement.
Unsupervised and supervised visitation are the two main types of visitation. Of the two, unsupervised visitation is more typical. It allows a parent to interact with their child alone, unsupervised by a third party.
In contrast, supervised visitation is less frequent and necessitates the presence of an impartial third party during the visiting time. The court mandates this type of visitation. As a result, the court will usually establish the parties’ visitation schedule (including the date, time, length, etc.) and designate the individual overseeing the visit.
The court will determine whether visitation will be supervised or unsupervised based on the child’s best interest criteria, much like it does with child custody arrangements. Remember that this criterion only considers arrangements that would provide the best protection for the safety and well-being of the child, not the parents. The type of visitation the court orders, therefore, greatly depends on the criteria.
For instance, the court will probably impose supervised visitation if one of the parents has a history of domestic violence, substance abuse, or neglect.
What Takes Place After a Court Decision?
The divorce decree and parenting plan are submitted to the court clerk after approval. The court must accept any changes to the plan before it may be modified, and the authorized custody order then binds both parents.
Should I Speak with a North Dakota Attorney About My Child Custody Issues?
Child custody fights can be very emotive and call for a thorough knowledge of the law. Talking with an experienced lawyer if you have questions about child custody and visitation is crucial. A North Dakota child custody attorney will fight for you and your child’s rights and work to get your family the finest parenting plan possible. Use LegalMatch to find the right child custody lawyer in North Dakota right away.
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