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Section 14-09.4-11 – Best interest of child

May 14, 2021 | Family Law, North Dakota

In determining whether an order of custody or visitation to a nonparent is in the best interest of a child, the court shall consider:

1. The nature and extent of the relationship between the child and the parent;
2. The nature and extent of the relationship between the child and the nonparent;
3. The views of the child, taking into account the age and maturity of the child;
4. Past or present conduct by a party, or individual living with a party, which poses a risk to the physical, emotional, or psychological well-being of the child;
5. The likely impact of the requested order on the relationship between the child and the parent;
6. The applicable factors in section 14-09-06.2; and
7. Any other factor affecting the best interest of the child.

N.D.C.C. § 14-09.4-11

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.