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North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-02. Scope

Current as of January 01, 2024 | Updated by Findlaw Staff

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 or visitation with an Indian child as defined in the Indian Child Welfare Act of 1978 [25 U.S.C. 1903(4)], to the extent the proceeding is governed by the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 196];  1 and

c. Pertaining to a child who is the subject of an ongoing proceeding in any state regarding:

(1) Guardianship of the person; or

(2) An allegation by a government entity that the child is abused, neglected, dependent, or otherwise in need of care.

3. A nonparent may not maintain a proceeding under this chapter for custody of or visitation with a child solely because the nonparent served as a foster parent of the child.

4. An individual whose parental rights concerning a child have been terminated may not maintain a proceeding under this chapter concerning the child.

5. Relief under this chapter is not available during the period of a custody or visitation order entered under chapter 14-09.3 or other order dealing with custody of or visitation with a child of a deployed parent. A custody or visitation order entered before a parent was deployed remains in effect unless modified by the court.

1 So in official copy. Cite should probably be to 25 U.S.C. 1901 through 1963.
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Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-02. Scope - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-09-4-02/

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