1. The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent:
a. Is a consistent caretaker; orb. Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.2. If the court determines under subsection 1 the nonparent has not pleaded a prima facie case , the court shall dismiss the petition.
N.D.C.C. § 14-09.4-07
Added by S.L. 2019, ch. 131 (SB 2051),§ 1, eff. 8/1/2019 and applicable to a proceeding commenced before 8/1/2019 in which a final order has not been entered and to a proceeding commenced on or after 8/1/2019.
