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If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation.However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.

The child's preference, if the child is mature enough to make a reasonable decision (usually age 12 or older); the court will also consider whether the child's preference was influenced by anyone else. Each parent's love and affection towards the child, as well as each parent's ability to provide love and stability.

Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.

Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.

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.

While joint custody was once rare in North Dakota, family courts in the state now base custody decisions on the assumption that a relationship with both parents is in the child's best interests. North Dakota also allows grandparents the right to visit with their grandchildren.

The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.

North Dakota Notice of Motion to Modify Visitation

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Can a mother deny a father visitation?

At what age can a child refuse visitation in ND?

When can a child legally choose not to see a parent?

How do you respond to a motion to modify custody?

At what age can a child choose which parent to live with in North Dakota?

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Can a 12 year old decide not to see a parent?

At what age can a child refuse visitation in North Dakota?

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