Grandparent Visitation Petition - North Dakota

PETITION FOR GRANDPARENT VISITATION

(North Dakota — N.D.C.C. ch. 14-09.4)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s) / Great-Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. SCOPE, JURISDICTION, AND RELATED CASES

2.1 Current Statutory Route

This is a petition by a nonparent grandparent for visitation only under N.D.C.C.
ch. 14-09.4. Section 14-09-05.1 is repealed and is not the authority for this
petition.

2.2 Scope Exclusions

Confirm each statement before filing:

☐ At least one parent is a party if this proceeding is between nonparents.

☐ The requested relief is not governed by ICWA, and the child is not the subject
of an ongoing guardianship-of-the-person or government abuse, neglect,
dependency, or care proceeding.

☐ Petitioner does not rely solely on having served as the child's foster parent.

☐ Petitioner's parental rights concerning the child have not been terminated.

☐ No deployed-parent custody or visitation order presently bars relief under
N.D.C.C. § 14-09.4-02(5).

2.3 UCCJEA Jurisdiction

Section 14-09.4-05 requires filing in a court that has jurisdiction under
N.D.C.C. ch. 14-14.1. Counsel's selected jurisdictional basis is:

☐ North Dakota is the child's home state on the filing date.

☐ North Dakota was the child's home state within six months before filing, the
child is absent, and a parent or person acting as a parent remains here.

☐ Another basis under § 14-14.1-12 applies: [________________________________]

Facts supporting jurisdiction, including every state in which the child lived
during the relevant period:

[____________________________________________________________]

2.4 Court and Filing Location

• Selected court: [________________________________]
• County and judicial district: [________________________________]
• Authority for filing in this court and location: [________________________________]
• Related-case caption and number, if any: [________________________________]

2.5 Other Proceedings and Orders

☐ There are no other pending or prior proceedings concerning the residential responsibility, custody, or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

Identify every existing custody, visitation, guardianship, protection, child-
welfare, or deployed-parent order and attach or lodge it if current procedure
requires: [____________________________________________________________]

III. STATUTORY ELIGIBILITY ROUTE

Petitioner is the child's [________________________________] grandparent and
qualifies as a nonparent under N.D.C.C. § 14-09.4-01(7). Petitioner relies on
one or both routes below.

3.1 Route A — Consistent Caretaker

☐ Without expectation of compensation, Petitioner lived with the child for at
least twelve months.

☐ Petitioner asks the court to find good cause to accept a shorter period of
[____] months because: [________________________________]

Petitioner regularly cared for the child as follows:
[____________________________________________________________]

Petitioner made these day-to-day decisions alone or with a person having
physical custody: [____________________________________________________________]

Petitioner formed a bonded and dependent relationship with the child:
[____________________________________________________________]

That relationship formed with a parent's express or implied consent, or when no
parent was able or willing to perform parenting functions, because:
[____________________________________________________________]

3.2 Route B — Substantial Relationship Plus Harm from Denial

☐ Petitioner has a familial relationship with the child by blood or law.

☐ Petitioner formed the relationship without expectation of compensation.

Facts showing a significant emotional bond:
[____________________________________________________________]

Specific facts showing that denial of visitation—not merely reduced contact—
would cause a significant adverse effect on the child's physical, emotional,
or psychological well-being:
[____________________________________________________________]

IV. REQUIRED PETITION FACTS

4.1 Duration and Nature of Relationship

Dates Petitioner lived with the child, if any: [________________________________]

Care provided and relationship history:
[____________________________________________________________]

4.2 Agreements and Prior Requests

Content of every agreement concerning care, custody, visitation, or contact:
[____________________________________________________________]

☐ A written agreement exists and is attached as required by § 14-09.4-06(3).

Previous attempts to obtain visitation or other contact, including dates,
requests, responses, and any prior court request:
[____________________________________________________________]

4.3 Parent's Current Position

The extent to which each parent is willing to permit visitation or contact:
[____________________________________________________________]

4.4 Compensation

Compensation or expected compensation for Petitioner's care of the child:
[____________________________________________________________]

☐ None.

4.5 Relief Sought

Petitioner seeks visitation only, on the schedule stated in Part VII. Petitioner
does not seek custody in this petition.

V. PARENTAL-DECISION PRESUMPTION AND PLEADING GATE

In this initial proceeding, each parent's decision regarding Petitioner's
request is presumed to be in the child's best interest. Petitioner has the
burden to rebut that presumption by clear and convincing evidence of the facts
required by N.D.C.C. § 14-09.4-03(1). Petitioner need not prove a parent is
unfit.

This verified petition pleads specific facts showing:

☐ Petitioner is a consistent caretaker; or

☐ Petitioner has a substantial relationship with the child and denial of
visitation would result in harm to the child; and

☐ Visitation is in the child's best interest.

Petitioner understands the court must dismiss the petition if it finds no prima
facie case for either eligibility route.

VI. BEST INTEREST OF THE CHILD

Petitioner alleges visitation is in the child's best interest based on every
applicable factor in N.D.C.C. § 14-09.4-11:

1. Nature and extent of the child-parent relationship:
   [____________________________________________________________]

2. Nature and extent of the child-Petitioner relationship:
   [____________________________________________________________]

3. Child's views, taking age and maturity into account:
   [____________________________________________________________]

4. Past or present conduct by any party or household member posing a risk to
   the child's physical, emotional, or psychological well-being:
   [____________________________________________________________]

5. Likely impact of the requested visitation on the child-parent relationship:
   [____________________________________________________________]

6. Applicable N.D.C.C. § 14-09-06.2 factors:
   [____________________________________________________________]

7. Other best-interest factors:
   [____________________________________________________________]

6.2 Safety Presumption

☐ Neither Petitioner nor anyone living with Petitioner has committed conduct
listed in N.D.C.C. § 14-09.4-12(1).

☐ Listed conduct is alleged or found. Petitioner states the record and the
clear-and-convincing evidence offered under subsection (3):
[____________________________________________________________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests reasonable visitation as follows:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

Explain how the requested schedule addresses the § 14-09.4-11 factors and the
parent's stated position: [____________________________________________________________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has proved the selected eligibility route under
N.D.C.C. § 14-09.4-03;

B. Find that Petitioner has rebutted the parental-decision presumption by clear
and convincing evidence and that visitation is in the child's best interest;

C. Grant visitation only on the schedule in Part VII or another schedule the
Court finds supported by the evidence;

D. Make the findings of fact and conclusions of law required by N.D.C.C.
§ 14-09.4-15; and

E. Grant only such other relief as is authorized and supported by the record.

IX. VERIFICATION

I, [PETITIONER NAME], verify under penalty of perjury that I have read
this Petition and that its factual allegations are true and correct based on my
personal knowledge, except matters expressly identified as based on information
and belief.

_________________________________
[PETITIONER NAME], Petitioner

Date: [__/__/____]

Place signed: [________________________________]

X. SIGNATURE

Respectfully submitted on [__/__/____].

_________________________________
[PETITIONER NAME], Self-Represented (Pro Se)
OR
_________________________________
[ATTORNEY NAME], N.D. Bar/ID No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. STATUTORY NOTICE RECIPIENTS

Under N.D.C.C. § 14-09.4-08, prepare notice for each applicable person. Counsel
must determine and use the current summons, response period, service method,
and proof of service; this Petition does not supply them.

☐ Each parent of the child

☐ Each person having custody of the child

☐ Each individual having court-ordered visitation with the child

☐ Each attorney, guardian ad litem, or similar representative appointed for
the child

Recipient names and addresses:
[____________________________________________________________]

XII. SERVICE AND FILING CONTROL

☐ The current required summons or notice has been prepared.

☐ Service method and response period were confirmed from current court rules.

☐ Each statutory recipient was served by the authorized method.

☐ Current proof of service was completed and filed.

☐ Any written care/contact agreement identified in Part IV is attached.

☐ Confidential information is handled under current filing rules.

SOURCES & REFERENCES

• N.D.C.C. ch. 14-09.4—Uniform Nonparent Custody and Visitation Act
• N.D.C.C. ch. 14-14.1—UCCJEA
• N.D.C.C. ch. 14-09—official repeal notation for § 14-09-05.1

This Petition is a preparation aid only. It does not supply a summons, response
deadline, service method, local filing requirement, or case-specific
jurisdictional conclusion. Confirm each from current official authority before
filing.