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Non-Parent Visitation

Non-Parent Visitation

In North Dakota, individuals who are not the biological or adoptive parents of a child—such as stepparents, extended relatives, or long-term caregivers—may seek court-ordered visitation in rare but compelling circumstances. Courts generally presume that a fit parent’s decision about who may see their child is in the child’s best interest. However, non-parents may be granted visitation if they can prove a significant preexisting relationship and show that denial of contact would cause harm to the child.

These cases fall under North Dakota Century Code § 14-09-05.1, the same statute used for grandparent visitation. The burden is on the non-parent to demonstrate that the visitation is in the best interests of the child and that it will not interfere with the parent-child relationship.

Courts in Bismarck, Minot, Williston, and Dickinson evaluate these cases cautiously, often requiring clear evidence of an emotional bond, past caregiving roles, or the child’s reliance on the petitioner. At Heartland Law Office, we represent both sides—non-parents seeking visitation and parents protecting their authority—offering focused legal guidance and strong advocacy.

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