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Normally children aren't allowed to refuse to visit a parent until they're no longer under parental control. In North Dakota, that's when they reach age 18 or married.
To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
A North Dakota Juvenile Court may appoint a guardian without holding an in-court hearing only when: All living parents of the minor child consent in writing to the appointment of a specific guardian (or guardians). If a living parent's parental rights are terminated by court order, the parent's consent isn't required.
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.
Speak with your child about why they don't want to visit. Approach the conversation from a position of understanding while still impressing upon them the importance of maintaining a healthy relationship with the co-parent. Allow them to express any feelings or concerns they may have without judgment.
Here's how to handle parental favoritism: Try not to take it personally. This is tricky: being rejected hurts, and it does feel personal. ... Don't put the emotional burden on your child. ... Validate their feelings, empathize, and reassure. ... Know when to let it go. ... Schedule one-on-one time with each adult. ... Be patient.
1. "Abandon" means: a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause to: (1) Communicate through physical contact or oral conversation with the child; or (2) Provide for the care and support of the child as required by law.