N.D. Cent. Code § 14-09.4-03: Requirements for order of custody or visitation

1.A court may order custody or visitation to a nonparent if the nonparent proves:

a.The nonparent:

(1)Is a consistent caretaker; or

(2)Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child; and

b.An order of custody or visitation to the nonparent is in the best interest of the child.

2.A nonparent is a consistent caretaker if the nonparent without expectation of compensation:

a.Lived with the child for not less than twelve months, unless the court finds good cause to accept a shorter period;

b.Regularly exercised care of the child;

c.Made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and

d.Established a bonded and dependent relationship with the child with the express or implied consent of a parent of the child, or without the consent of a parent if no parent has been able or willing to perform parenting functions.

3.A nonparent has a substantial relationship with the child if:

a.The nonparent:

(1)Is an individual with a familial relationship with the child by blood or law; or

(2)Formed a relationship with the child without expectation of compensation; and

b.A significant emotional bond exists between the nonparent and the child.