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Legal Information: North Dakota

Custody

Updated: 
March 19, 2020

Can a parent who committed domestic violence against me get parenting time?

If the judge finds that a parent committed domestic violence against you, and either of the following are true, the judge can only allow supervised parenting time:

  1. there is a pattern of domestic violence within a reasonably close time to the court case; or
  2. there was one incident of domestic violence that:
    • involved the use of a dangerous weapon; or
    • resulted in serious bodily injury.1

However, it’s possible that the abusive parent can get unsupervised parenting time if s/he presents clear and convincing evidence to the judge that unsupervised parenting time would not endanger the child’s physical or emotional health.1

In addition, all court costs, attorney’s fees, evaluation fees, and expert witness fees related to the parenting time court proceeding must be paid by the abusive parent (unless those costs would place an undue financial hardship on that parent).2

    1 N.D.C.C. § 14-09-29(2)
    2 N.D.C.C. § 14-09-29(4)