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Current as of January 01, 2024 | Updated by Findlaw Staff
1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent:
a. Meets the requirements of a consistent caretaker of the child; or
b. Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.
2. A petition under subsection 1 must state the relief sought and allege specific facts showing:
a. The duration and nature of the relationship between the nonparent and the child, including the period the nonparent lived with the child and the care provided, if any;
b. The content of any agreement between the parties to the proceeding regarding care of the child and custody of or visitation or other contact with the child;
c. A description of any previous attempt by the nonparent to obtain custody of or visitation or other contact with the child;
d. The extent to which the parent is willing to permit the nonparent to have custody of or visitation or other contact with the child;
e. Information about compensation or expectation of compensation provided to the nonparent in exchange for care of the child;
f. Information required to establish the jurisdiction of the court under chapter 14-14.1;
g. The reason the requested custody or visitation is in the best interest of the child, applying the factors in section 14-09.4-11; and
h. If the nonparent alleges a substantial relationship with the child, the reason denial of custody or visitation to the nonparent would result in harm to the child.
3. If an agreement described in subdivision b of subsection 2 is in a record, the nonparent shall attach a copy of the agreement to the petition.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-06. Verified petition - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-09-4-06/
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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