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North Dakota Custody and Visitation Schedules - Laws in the North Dakota Code
by Peter Worthington
Title 14 of the North Dakota Century Code contains the laws that govern how parents should make their custody and visitation schedules. The custody schedule is one of the most important results from a custody proceeding, and it dictates the amount of time that the mother and father have with the children until the children are adults. Since the schedule is so vital, parents should learn everything about the laws that they can. This way they can make a schedule that fits the needs of the children and that will also be accepted by the state in court. Here are some points from the law that parents should know about and how they affect the custody schedule.
Title 14-09-05 contains a statute that gives the state the authority to grant grandparents and great-grandparents the right to have visitation with the children. This is allowed when such visitation is in the best interest of the child and if it does not interfere with the parent-child relationship. If grandparents want visitation they should be prepared to show the court that they have had frequent contact with the children in the past and that if they no longer have that contact it would harm the child. If a grandparent is given visitation, the parents need to incorporate this into the visitation schedule.
Another part of the law that impacts the custody and visitation schedule is Title 14-09-06. This statute explains that all custody decisions must be made in the best interest of the child. Parents need to make this the focus of their custody schedule. Who the child lives with, when the child visits the other parent, how frequently the child visits the other parent, the length of the visits, etc. should all be decided by thinking about what the child needs and how the schedule can be created to meet those needs.
When parents are able to get along, they can submit a custody schedule to the court and have it accepted. If the custody arrangements are contested, the parents leave the decisions up to the court. A judge will listen to both sides and determine the custody schedule. When the judge decides anything about custody, s/he will use the standard of what is in the best interest of the child. Some of the things the judge will consider when deciding this are: the relationships between the parents and the child; the child's adjustment to home, school, and community environments; the stability of the proposed schedule; the length of time the child has been in a stable environment; the health of the parents; etc. Parents should also consider these factors as they make the visitation schedule.
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Discover how Custody X Change can help you create the best North Dakota custody schedule for your situation, and get the help you need to make your North Dakota visitation schedule.
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