14-09.4-03. Requirements for order of custody or visitation

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.