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ND SB2051
Bill
Status
3/22/2019
Primary Sponsor
Human Services Committee
Click for details
AI Summary
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Creates chapter 14-09.4 of the North Dakota Century Code establishing the Uniform Nonparent Custody and Visitation Act, allowing nonparents including grandparents, siblings, and stepparents to seek custody or visitation orders.
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Establishes two pathways for nonparents to obtain custody or visitation: as a "consistent caretaker" (living with child at least 12 months without compensation and establishing a bonded relationship) or by proving a substantial relationship with the child and that denial would cause harm.
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Requires nonparents to rebut a presumption favoring parental decisions by clear and convincing evidence in initial proceedings, though proof of parental unfitness is not required.
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Applies best interest of the child standard considering factors including the nature of relationships, child's views, conduct posing risk to child's well-being, and the impact on parent-child relationship.
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Repeals section 14-09-05.1 relating to previous grandparental visitation rights and applies to proceedings commenced before or after the effective date where no final order has been entered.
Legislative Description
Grandparental rights of visitation; and to provide for application.
Last Action
Signed by Governor 03/21
3/22/2019