14-09.4-02. Scope

14-09.4-02. Scope

1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in

which a nonparent seeks custody or visitation.

2. This chapter does not apply to a proceeding:

a. Between nonparents, unless a parent is a party to the proceeding;

b. Pertaining to custody of or visitation with an Indian child as defined in the Indian

Child Welfare Act of 1978 [25 U.S.C. 1903(4)], to the extent the proceeding is

governed by the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 196];

and

c. Pertaining to a child who is the subject of an ongoing proceeding in any state

regarding:

(1) Guardianship of the person; or

(2) An allegation by a government entity that the child is abused, neglected,

dependent, or otherwise in need of care.

3. A nonparent may not maintain a proceeding under this chapter for custody of or

visitation with a child solely because the nonparent served as a foster parent of the

child.

4. An individual whose parental rights concerning a child have been terminated may not

maintain a proceeding under this chapter concerning the child.

5. Relief under this chapter is not available during the period of a custody or visitation

order entered under chapter 14-09.3 or other order dealing with custody of or visitation

with a child of a deployed parent. A custody or visitation order entered before a parent

was deployed remains in effect unless modified by the court.