Section 14-09.4-10 – Emergency order

by | May 14, 2021 | Family Law, North Dakota

On finding that a party or a child who is the subject of a proceeding is in danger of imminent harm, the court may expedite the proceeding and issue an emergency order.N.D.C.C. § 14-09.4-10Added by S.L. 2019, ch. 131 (SB 2051),§ 1, eff. 8/1/2019 and applicable to a...

Section 14-09.4-08 – Notice

by | May 14, 2021 | Family Law, North Dakota

On commencement of a proceeding, the nonparent shall give notice to each:1. Parent of the child who is the subject of the proceeding;2. Person having custody of the child;3. Individual having court-ordered visitation with the child; and4. Attorney, guardian ad litem,...

Section 14-09.4-07 – Sufficiency of petition

by | May 14, 2021 | Family Law, North Dakota

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...

Section 14-09.4-06 – Verified petition

by | May 14, 2021 | Family Law, North Dakota

1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent:a. Meets the requirements of a consistent caretaker of the child; orb. Has a substantial relationship with the child and denial of custody...