Custody

North Dakota law assumes that a parent’s decision about allowing contact or not allowing contact between his/her child and a nonparent is in the best interest of the child.¹ However, a judge can order custody or visitation to a nonparent, even if the parent disagrees, as long as the nonparent proves that such an order is in the best interest of the child and proves any of the following:

• s/he is a “consistent caretaker” for the child; or
• s/he has a “substantial relationship” with the child to the point where denial of contact would result in harm to the child.²

A judge will consider a nonparent to be a consistent caretaker if s/he did all of the following without expecting any payment:

• lived with the child for twelve months or more, unless the judge finds good reason to accept a shorter period;
• regularly took care of the child;
• made day-to-day decisions about the child on his/her own or with the person who had physical custody of the child; and
• established a “bonded and dependent” relationship with the child, either with the consent of the parent, or without the parent’s consent if the parent is not willing or able to function as a parent.³

A judge will consider a nonparent to have a substantial relationship with the child if the nonparent has a significant emotional bond with the child and either of the following are true:

• the nonparent is related to the child by blood or law; or
• the nonparent formed a relationship with the child without the expectation of payment.⁴

¹ N.D. Cent. Code § 14-09.4-04
² N.D. Cent. Code § 14-09.4-03(1)
³ N.D. Cent. Code § 14-09.4-03(2)
⁴ N.D. Cent. Code § 14-09.4-03(3)