Permanency Planning North Dakota

Best Interests of the Child

Statute: N.D. Cent. Code Ann. § 14-09-06.2(1) (Supp. 1998)

Law:

For the purpose of custody, the best interests and welfare of the child is determined by the court's consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when applicable:

The love, affection, and other emotional ties
existing between the parents and child;

The capacity and disposition of the parents to
give the child love, affection, and guidance and
to continue the education of the child;

The disposition of the parents to provide the
child with food, clothing, medical care, or other
remedial care recognized and permitted under the
laws of this State in lieu of medical care, and
other material needs;

The length of time the child has lived in a
stable satisfactory environment and the
desirability of maintaining continuity;

The permanence, as a family unit, of the existing
or proposed custodial home;

The moral fitness of the parents;

The mental and physical health of the parents;

The home, school, and community record of the
child;

The reasonable preference of the child, if the
court deems the child to be of sufficient
intelligence, understanding, and experience to
express a preference;

Evidence of domestic violence. In awarding
custody or granting rights of visitation, the
court shall consider evidence of domestic
violence. If the court finds credible evidence
that domestic violence has occurred, and there
exists one incident of domestic violence which
resulted in serious bodily injury or involved the
use of a dangerous weapon or there exists a
pattern of domestic violence within a reasonable
time proximate to the proceeding, this
combination creates a rebuttable presumption that
a parent who has perpetrated domestic violence
may not be awarded sole or joint custody of a
child. This presumption may be overcome only by
clear and convincing evidence that the best
interests of the child require that parent's
participation as a custodial parent. The court
shall cite specific findings of fact to show that
the custody or visitation arrangement best
protects the child and the parent or other family
or household member who is the victim of domestic
violence. If necessary to protect the welfare of
the child, custody may be awarded to a suitable
third person, provided that the person would not
allow access to a violent parent except as
ordered by the court. If the court awards custody
to a third person, the court shall give priority
to the child's nearest suitable adult relative.

The fact that the abused parent suffers from the
effects of the abuse may not be grounds for
denying that parent custody. As used in this
subdivision, 'domestic violence' means domestic
violence as defined in § 14-07.1-01. A court may
consider, but is not bound by, a finding of domestic violence in another proceeding under chapter 14-07.1;

The interaction and interrelationship, or the
potential for interaction and interrelationship,
of the child with any person who resides in, is
present, or frequents the household of a parent
and who may significantly affect the child's best
interests. The court shall consider that person's
history of inflicting, or tendency to inflict,
physical harm, bodily injury, assault, or the
fear of physical harm, bodily injury, or assault,
on other persons;

The making of false allegations not made in good
faith, by one parent against the other, of harm
to a child;

Any other factors considered by the court to be
relevant to a particular child custody dispute.

Concurrent Planning

Statute: N.D. Cent. Code § 27-20-32.2(5) (West, WESTLAW through 2001 Reg. Sess.)

Law:

Efforts to place a child for adoption, with a fit and willing relative or other appropriate individual as a legal guardian, or in another planned permanent living arrangement, may be made concurrently with reasonable efforts [to preserve and reunify the family].