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Current as of January 01, 2024 | Updated by Findlaw Staff
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 custody or visitation to the nonparent is in the best interest of the child.
2. A nonparent is a consistent caretaker if the nonparent without expectation of compensation:
a. Lived with the child for not less than twelve months, unless the court finds good cause to accept a shorter period;
b. Regularly exercised care of the child;
c. Made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and
d. Established a bonded and dependent relationship with the child with the express or implied consent of a parent of the child, or without the consent of a parent if no parent has been able or willing to perform parenting functions.
3. A nonparent has a substantial relationship with the child if:
a. The nonparent:
(1) Is an individual with a familial relationship with the child by blood or law; or
(2) Formed a relationship with the child without expectation of compensation; and
b. A significant emotional bond exists between the nonparent and the child.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-03. Requirements for order of custody or visitation - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-09-4-03/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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