North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09.4-12. Presumption arising from child abuse, child neglect, domestic violence, sexual assault, or stalking

1. The court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state.

2. A finding that the conduct specified in subsection 1 occurred must be based on:

3. A nonparent may rebut the presumption under subsection 1 by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.