North Dakota Motion for Supervised Visitations

State:
Multi-State
Control #:
US-03343BG
Format:
Word; 
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Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.

Grandparents' Rights Under Federal Law Essentially, parents have a fundamental right to decide who their child spends time with, but if the court believes spending time with the grandparent(s) is in the child's best interest, they may issue a court order.

Out-Of-State Moves A parent with primary residential responsibility cannot move with the children out of North Dakota without consent from the court or the other parent. This is clear from the statute (see N.D.C.C. § 14-09-07) and case law.

Grandparents may seek visitation or custody when the parents of their grandchildren are divorced or separated, one or both of the parents are deceased, or when there is a history of abuse or neglect. Courts consider a variety of factors depending on which of the scenarios has brought an individual before the court.

Best interests and welfare of child - Court consideration - Factors. following when applicable: a. The love, affection, and other emotional ties existing between the parents and child and the ability of each parent to provide the child with nurture, love, affection, and guidance.

North Dakota law allows for ?reasonable visitation? with a child for grandparents. A court must find that the visitation is in the child or children's ?best interests? as that term is defined by the 13 factors set forth in North Dakota Century Code Section 14-09-06.2.

North Dakota law allows for ?reasonable visitation? with a child for grandparents.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

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North Dakota Motion for Supervised Visitations