North Dakota Code 14-09.4-06 – Verified petition
1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent:
Terms Used In North Dakota Code 14-09.4-06
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
a. Meets the requirements of a consistent caretaker of the child; or
b. Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.
2. A petition under subsection 1 must state the relief sought and allege specific facts showing:
a. The duration and nature of the relationship between the nonparent and the child, including the period the nonparent lived with the child and the care provided, if any; b. The content of any agreement between the parties to the proceeding regarding care of the child and custody of or visitation or other contact with the child; c. A description of any previous attempt by the nonparent to obtain custody of or visitation or other contact with the child; d. The extent to which the parent is willing to permit the nonparent to have custody of or visitation or other contact with the child; e. Information about compensation or expectation of compensation provided to the nonparent in exchange for care of the child; f. Information required to establish the jurisdiction of the court under chapter 14-14.1; g. The reason the requested custody or visitation is in the best interest of the child, applying the factors in section 14-09.4-11; and
h. If the nonparent alleges a substantial relationship with the child, the reason denial of custody or visitation to the nonparent would result in harm to the child.
3. If an agreement described in subdivision b of subsection 2 is in a record, the nonparent shall attach a copy of the agreement to the petition.