14-09.4-06. Verified petition

14-09.4-06. Verified petition

1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and

allege facts showing the nonparent:

a. Meets the requirements of a consistent caretaker of the child; or

b. Has a substantial relationship with the child and denial of custody or visitation

would result in harm to the child.

2. A petition under subsection 1 must state the relief sought and allege specific facts

showing:

a. The duration and nature of the relationship between the nonparent and the child,

including the period the nonparent lived with the child and the care provided, if

any;

b. The content of any agreement between the parties to the proceeding regarding

care of the child and custody of or visitation or other contact with the child;

c. A description of any previous attempt by the nonparent to obtain custody of or

visitation or other contact with the child;

d. The extent to which the parent is willing to permit the nonparent to have custody

of or visitation or other contact with the child;

e. Information about compensation or expectation of compensation provided to the

nonparent in exchange for care of the child;

f. Information required to establish the jurisdiction of the court under chapter

14-14.1;

g. The reason the requested custody or visitation is in the best interest of the child,

applying the factors in section 14-09.4-11; and

h. If the nonparent alleges a substantial relationship with the child, the reason denial

of custody or visitation to the nonparent would result in harm to the child.

3. If an agreement described in subdivision b of subsection 2 is in a record, the

nonparent shall attach a copy of the agreement to the petition.