1. A court may order custody or visitation to a nonparent if the nonparent proves:
a. The nonparent:
(1) Is a consistent caretaker; or(2) Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child; andb. An order of custody or visitation to the nonparent is in the best interest of the child.2. A nonparent is a consistent caretaker if the nonparent without expectation of compensation:
a. Lived with the child for not less than twelve months, unless the court finds good cause to accept a shorter period;b. Regularly exercised care of the child;c. Made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; andd. Established a bonded and dependent relationship with the child with the express or implied consent of a parent of the child, or without the consent of a parent if no parent has been able or willing to perform parenting functions.3. A nonparent has a substantial relationship with the child if:
a. The nonparent:
(1) Is an individual with a familial relationship with the child by blood or law; or(2) Formed a relationship with the child without expectation of compensation; andb. A significant emotional bond exists between the nonparent and the child.
N.D.C.C. § 14-09.4-03
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.
