North Dakota Code 14-09.4-12 – Presumption arising from child abuse, child neglect, domestic violence, sexual assault, or stalking
1. The court shall presume that ordering custody or visitation to a nonparent is not in the best interest of the child if the court finds that the nonparent, or an individual living with the nonparent, has committed child abuse, child neglect, domestic violence, sexual assault, stalking, or comparable conduct in violation of law of this state or another state.
Terms Used In North Dakota Code 14-09.4-12
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. 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. A finding that the conduct specified in subsection 1 occurred must be based on:
a. Evidence of a conviction in a criminal proceeding or final judgment in a civil proceeding; or
b. Proof by a preponderance of the evidence.
3. A nonparent may rebut the presumption under subsection 1 by proving by clear and convincing evidence that ordering custody or visitation to the nonparent will not endanger the health, safety, or welfare of the child.