1. O n motion, and subject to subsections 3 and 4, the court may modify a final custody or visitation order under section 14-09.4-13 on a showing by a preponderance of the evidence that:
a. A substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child; andb. Modification is in the best interest of the child.2. Except as otherwise provided in subsections 3 and 4 , if a nonparent has rebutted the p resumption under section 14-09.4-04 in an initial proceeding, the presumption remains rebutted.3. If a motion is filed to modify an order of visitation under this chapter to obtain an order of custody, the nonparent must rebut the presumption under section 14-09.4-04.4. On agreement of the parties, the court may modify a custody or visitation order, unless the court finds the agreement is not in the best interest of the child.
N.D.C.C. § 14-09.4-14
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.
