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ND SB2051

Bill

Status

Passed

3/22/2019

Primary Sponsor

Human Services Committee

Click for details

Origin

Senate

66th Legislative Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Health and Human Services1/3/2019

Full Bill Text

No bill text available