North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-04. Presumption for parental decision

1. In an initial proceeding under this chapter, a decision by a parent regarding a request for custody or visitation by a nonparent is presumed to be in the best interest of the child.

2. Subject to section 14-09.4-14, a nonparent has the burden to rebut the presumption under subsection 1 by clear and convincing evidence of the facts required by subsection 1 of section 14-09.4-03. Proof of unfitness of a parent is not required to rebut the presumption under subsection 1.