1. The court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state.2. A finding that the conduct specified in subsection 1 occurred must be based on :
a. Evidence of a conviction in a criminal proceeding or final judgment in a civil proceeding; orb. Proof by a preponderance of the evidence.3. A nonparent may rebut the presumption under subsection 1 by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.
N.D.C.C. § 14-09.4-12
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.
