North Dakota Code 14-09.4-02 – Scope
1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in which a nonparent seeks custody or visitation.
Terms Used In North Dakota Code 14-09.4-02
- Allegation: something that someone says happened.
- Dependent: A person dependent for support upon another.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. This chapter does not apply to a proceeding:
a. Between nonparents, unless a parent is a party to the proceeding; b. Pertaining to custody of or visitation with an Indian child as defined in the Indian Child Welfare Act of 1978 [25 U.S.C. § 1903(4)], to the extent the proceeding is governed by the Indian Child Welfare Act of 1978 [25 U.S.C. § 1901 through 196]; and
c. Pertaining to a child who is the subject of an ongoing proceeding in any state regarding:
(1) Guardianship of the person; or
(2) An allegation by a government entity that the child is abused, neglected, dependent, or otherwise in need of care.
3. A nonparent may not maintain a proceeding under this chapter for custody of or visitation with a child solely because the nonparent served as a foster parent of the child.
4. An individual whose parental rights concerning a child have been terminated may not maintain a proceeding under this chapter concerning the child.
5. Relief under this chapter is not available during the period of a custody or visitation order entered under chapter 14-09.3 or other order dealing with custody of or visitation with a child of a deployed parent. A custody or visitation order entered before a parent was deployed remains in effect unless modified by the court.