N.D. Cent. Code § 14-09.4-07: Sufficiency of petition

1.The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent:

a.Is a consistent caretaker; or

b.Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.

2.If the court determines under subsection 1 the nonparent has not pleaded a prima facie case, the court shall dismiss the petition.