North Dakota Motion for Visitation at a Supervised Visitation Center

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US-03344BG
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Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


A North Dakota Motion for Visitation at a Supervised Visitation Center is a legal document filed by a parent or legal guardian seeking court-ordered visitation with their child in a supervised setting. This type of motion is usually filed when there are concerns about the child's safety or well-being during visitation due to a strained relationship between the parents, allegations of abuse or neglect, or any other factors that may pose a risk to the child's best interests. By filing a Motion for Visitation at a Supervised Visitation Center, the requesting party intends to ensure that any visitation between the parent and child occurs under the supervision of a trained professional or an assigned third party. This allows for a safe and controlled environment, helping to protect the child's physical and emotional well-being. In North Dakota, there are various types of motions for visitation at a supervised visitation center that can be filed depending on the specific circumstances. These may include: 1. Temporary Motion for Supervised Visitation: When there is an immediate concern for the child's safety, a temporary motion can be filed to request supervised visitation during the pendency of the case. This provides immediate protection for the child until a final decision is made. 2. Motion for Supervised Visitation due to Substance Abuse: If there are allegations or evidence of substance abuse by the parent seeking visitation, a motion can be filed specifically addressing this issue. The court may order supervised visitation to ensure the child's safety and well-being until the parent can demonstrate sobriety and a safe environment. 3. Motion for Supervised Visitation based on Domestic Violence: In cases where there are allegations or a history of domestic violence involving the parent, a motion can be filed to request supervised visitation to protect the child from potential harm. The court may order this type of visitation to ensure the safety and well-being of the child and the visiting parent. 4. Modification Motion for Supervised Visitation: In situations where a parenting plan or visitation arrangement has already been established, a party can file a modification motion to request a change in the visitation to a supervised setting. This could arise if new information or circumstances have emerged that indicate a need for supervision or protection during visits. It is important to note that each case is unique, and the specific type of motion filed will depend on the facts and circumstances of the situation. It is crucial to consult with an attorney who specializes in family law in North Dakota to ensure that the motion is properly drafted and represents the best interests of the child.

A North Dakota Motion for Visitation at a Supervised Visitation Center is a legal document filed by a parent or legal guardian seeking court-ordered visitation with their child in a supervised setting. This type of motion is usually filed when there are concerns about the child's safety or well-being during visitation due to a strained relationship between the parents, allegations of abuse or neglect, or any other factors that may pose a risk to the child's best interests. By filing a Motion for Visitation at a Supervised Visitation Center, the requesting party intends to ensure that any visitation between the parent and child occurs under the supervision of a trained professional or an assigned third party. This allows for a safe and controlled environment, helping to protect the child's physical and emotional well-being. In North Dakota, there are various types of motions for visitation at a supervised visitation center that can be filed depending on the specific circumstances. These may include: 1. Temporary Motion for Supervised Visitation: When there is an immediate concern for the child's safety, a temporary motion can be filed to request supervised visitation during the pendency of the case. This provides immediate protection for the child until a final decision is made. 2. Motion for Supervised Visitation due to Substance Abuse: If there are allegations or evidence of substance abuse by the parent seeking visitation, a motion can be filed specifically addressing this issue. The court may order supervised visitation to ensure the child's safety and well-being until the parent can demonstrate sobriety and a safe environment. 3. Motion for Supervised Visitation based on Domestic Violence: In cases where there are allegations or a history of domestic violence involving the parent, a motion can be filed to request supervised visitation to protect the child from potential harm. The court may order this type of visitation to ensure the safety and well-being of the child and the visiting parent. 4. Modification Motion for Supervised Visitation: In situations where a parenting plan or visitation arrangement has already been established, a party can file a modification motion to request a change in the visitation to a supervised setting. This could arise if new information or circumstances have emerged that indicate a need for supervision or protection during visits. It is important to note that each case is unique, and the specific type of motion filed will depend on the facts and circumstances of the situation. It is crucial to consult with an attorney who specializes in family law in North Dakota to ensure that the motion is properly drafted and represents the best interests of the child.

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FAQ

North Dakota law allows for ?reasonable visitation? with a child for grandparents.

There are different kinds of visitation rights including the following types: Supervised Visitation. If a parent poses a potential risk to a child, that parent may be awarded only supervised visitation. ... Unsupervised Visitation. Unsupervised visitation provides much more flexibility. ... Virtual Visitation.

For example, an obligor with a net monthly income of $2,000 will pay $431 to support one child and $562 for two children per North Dakota's guidelines (as of 2018).

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

North Dakota law allows for ?reasonable visitation? with a child for grandparents. A court must find that the visitation is in the child or children's ?best interests? as that term is defined by the 13 factors set forth in North Dakota Century Code Section 14-09-06.2.

Grandparents' Rights Under Federal Law Essentially, parents have a fundamental right to decide who their child spends time with, but if the court believes spending time with the grandparent(s) is in the child's best interest, they may issue a court order.

Grandparents may seek visitation or custody when the parents of their grandchildren are divorced or separated, one or both of the parents are deceased, or when there is a history of abuse or neglect. Courts consider a variety of factors depending on which of the scenarios has brought an individual before the court.

More info

There are two ways to establish parenting responsibilities in North Dakota: Filing a Complete Agreement Together (Uncontested Parenting Responsibilities): If ... Motions are designed to be decided on only the documents filed with the court, without an in-person hearing. However, either parent may ask for a hearing as ...See Appendices for a complete listing of local advocacy programs in. North Dakota. In addition, centers are encouraged to: • Develop a policy on information ... Sep 23, 2021 — You can find custody and visitation (parenting time) forms as well divorce and many other topics. You can also get court forms directly from the ... The person to whom the duty of support is owed under either subsection 1 or 2 may file an affidavit with the district court and provide a copy to the child ... Jun 2, 2023 — Modifying your supervised visitations to a regular arrangement is handled best by a child custody lawyer. Consult one here to start the ... Learn about the types of child custody in North Dakota, how judges decide if parents can't agree, how to change or enforce custody orders, and more. On agreement of the parties, the court may modify a custody or visitation order, unless the court finds the agreement is not in the best interest of the child. If the child remains in detention a petition hearing must be held within 14 days after the child has been taken into custody. The child can be placed home ... May 27, 2022 — You may need to file a Motion to have his periods of placement held open if his behavior is such that it even causes concern for a ...

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North Dakota Motion for Visitation at a Supervised Visitation Center